November 2023 – Supreme Court: 500.000,00€ awarded to our principal/landlord company
Decision numbered 1095/2023 of the Supreme Court (Areios Pagos) was issued, rejecting an appeal filed by the tenant company seeking to annul the appellate decision that ruled in favor of the landlord company, our pincipal. Specifically, the appellate decision awarded the landlord company €500,000 as compensation for damages incurred due to the tenant company’s failure to fulfill its additional contractual obligation (aside from the main lease agreement) to complete the works for the completion of the leased commercial space, which would remain for the benefit of the lease even after the termination of the lease relationship.
The Supreme Court rejected the main argument of the tenant, claiming that the Appellate Court, despite allegedly identifying gaps and ambiguities in the lease agreement, did not resort to interpretative provisions of the law to ascertain its true meaning. The Supreme Court concluded that the Appellate Court did not violate interpretative provisions and did not find any gaps, ambiguities, or doubts regarding the private lease agreement.
In summary, the Supreme Court upheld the Appellate Court’s correct characterization of the agreement as a lease, its application of specific legal provisions, and its conclusion that the tenant did not have a contractual right to use the leased premises in a different manner. The Supreme Court also emphasized that the tenant’s claims regarding the costs of completing the lease were not based on a mutual agreement between the tenant and the landlord. Additionally, the Supreme Court dismissed the tenant’s argument that certain elements were not considered, as it deemed the corresponding amendments to the lawsuit permissible and admissible.