EPPPL 2/2023: Defense Procurement in Greece
Stelios Tsevas, Anastasia Panagiotopoulou, Mara Kokkoni
Defense procurement in Greece is primarily regulated by EU Directive 2009/81/EC (transposed via Law 3978/2011). Following geopolitical shifts, Greece relaunched military procurement as a strategic priority.
Recent Military Contracts Ratified
- Law 4766/2021: Ratified draft contracts 013C-015C/2020 for the supply of new and used Rafale aircraft, logistical support, and fighting equipment.
- Law 4891/2022: Ratified draft contracts 016B-018B/2021 and 014B/2021 for FDI frigates, naval missiles, combat torpedoes, and additional fighter aircraft support.
Analysis of Derogations
While these agreements introduced specific contractual terms diverging from general national procurement laws (such as ICC arbitration clauses, custom force majeure rules, modified advance payments, and specific penalty terms), they do not derogate from Directive 2009/81/EC or Article 346 TFEU, remaining justified and proportionate.