Iakovos E. Vernieris

Iάκωβος Ε. Βενιέρης

Additional information

Job Title: Attorney at Law, Ass. Professor of Law School, University of Athens, PhD Law

Tel: 210 7248839

Mobile: 6974067853

e-mail: ven@valaw.gr

 

Education

Dr. Jur. – Doctor of Law School of the University of Athens

LL. M. – University of Cologne, (Germany)

Degree in Law - University of Athens School of Law

 

Participation in Legislative Committees:

Amendment of Law 3869/2010 on over-indebted natural persons – Consumer Credit and incorporation of Directive 2008/48/EC (Z1-699/Β-ΕΕΧ/917/2010 – Amendment of consumer law (Law 2251/1994) – Amendment of Law 3758 /2009 (Debt reporting companies and Law 2251/1994 on consumer protection) – Amendment of Law 3869/2010 (Over-indebted Natural Persons) – Social Economy and Social Entrepreneurship – Law on Modernization of Private Insurance Law (supplementing Law 2496) /1997 and partly ND 400/1970), Amendment of articles 1 and 5 of Law 2251/1994 (definition of consumer and commercial guarantees), Amendment of the Law on GEMI (President and participant in the drafting of articles 85 et seq. of Law 4635/2019 on GEMI )

 

Participation in scientific associations:

 

Member of the Association of Greek Commercialists

Member of the Consumer Protection Law Association

Member of the EMEOD scientific association

Publications

Books

1. Public-Private Partnerships – the contractual framework in PPPs, Law Library 2007, p. 648

2. Community credit institutions (establishment through a branch, provision of services, supervision in the Member States), Ant. Sakkoulas 2006, p. 364

3. Securitization of claims according to Law 3156/2003 in the light of international practice, Ant. Sakkoulas 2005 (doctoral thesis), pp. XXXIV+783

4. Early loan repayment, Ant. Sakkoulas, (1st edition 2003), 2nd edition 2005, pp. XX+174

5. Acquisition of minority shares in SA, Law Library, 2009, p. 305

6. Application of Law 3869/2010 for over-indebted natural persons, 3rd edition 2016, Law Library, p. 976

7. The establishment of the SA (from State Licensing to the One Stop Service), Law Library, 2019, p. 264

8. The Protection of Shareholders and Third Parties in the Merger Between SA, Law Library 2023, p. 552

Curation of Collective Projects and Participation

Commercial Contract Law, Law Library, 2021, edited by Venieris/Vervesou, 1264 pages

Participation in collective projects as an author 

1. The burden of the depositor with the costs of opening and maintaining a deposit account, in a collective project, "The protection of the consumer in banking transactions", Ant. Sakkoulas 2004, pp. 125-148 

2. Securitization of receivables and securitization of receivables from real estate, articles 10 to 13 of Law 3156/2003, in collective work "The Law of the Limited Company - Interpretation according to article of Law 2190/1920", vol. 10, edited by Ev. Peraki, Law Library 2005, pp. 453-572 

3. Applications of commercial law, vol. I and II, collective work, edited by G. Triantafyllakis, Law Library, 2007 (vol. I p. 531-730, vol. II p. 993-1146) 

4. Applications of civil law, (2nd edition, publication 2010), analysis of consumer law, civil and commercial leases, edited by prof. I. Karakosta, Law Library 

5. Law of Joint-Stock Companies (Court of Companies, according to article interpretation of Civil Code 2190/1920), interpretation of articles 47-49c, (dissolution and liquidation of SA), (3rd edition, publication 2010), edited by Prof. Ev. Perakis, Law Library 

6. From the administrative supervision to the self-regulation of the SA, in Proceedings of the 18th Conference of Commercial Experts, on the subject of Trends and perspectives of the law of the limited liability company, 2009, pp. 49-95ff.

7. Honorary volume of Professor G. Kallimopoulos, participation in the study "Forms of financing in Public-Private Partnerships" 

8. Industrial property, b edition, 2011, N. Roka (with the collaboration of I. Venieris), Law library

9. Honorary Volume of Professor N. Rokas, participation in the study "Control and invalidity of a patent according to article 5 par. 1 of Law 1733/1987 (new technical rule, inventive, for industrial application)", Law Library 2012, p 112-132

10. Commemorative volume of professor A. Adapasis, participation in the study "Historical retrospective on the establishment of an AE: from the royal-state concession to the establishment of a "one stop" of Law 3853/2010, Ant. Sakkoulas 2013, pp. 83-109

11. Lawsuits and applications of an Anonymous Company, (ed. Masouras), participation with interpretation of articles 49a, 49b, 49c Law 2190/1920 (pp. 361-408), Law Library 2016

12. Conference of the Association of Greek Commercial Lawyers 2013, on the topic Dealing with insolvency, participation with a study "Critical evaluation of the process of Law 3869/2010 (the "over-indebted households") and its reform with Law 4161/2013", p. 311-353

13. "The main residence of the over-indebted debtor according to article 9 of Law 3869/2010 and its exemption from liquidation" at the Conference "Financial crisis and consumer protection" June 14-16, 2014 Komotini

14. "The principle of transparency in insurance contract clauses - obligations and rights of the insured" at the 5th Panhellenic Legal Conference on "Traffic Accident Civil and Criminal Liability of the parties involved" in Athens September 19-20, 2014 (pre-published in ESygD 2015 p .5-18)

15. Conference (two-day) 2009 at the Legal Department (proceedings 2011), entitled "The joint-stock company between corporate and bankruptcy law and Capital Market law, participation with the study "Issues from the judicial solution of the SA in accordance with article 48a KN 2190/ 1920, pp. 227-252

16. Honorary volume of Professor Ath. Liakopoulos, participation in the study "Invalidity of a European patent - Presentation before a Greek court and consequences of invalidity", 2011

17. Honorary Volume of Professor I. Rokas, participation in the study "Transparency of insurance contract terms", Law Library 2017, pp. 403-419

18. Honorary Volume of Professor N. Klamaris, participation in the study, Bewertung des griechischen Privatinsolvenzrechts bei Betrachtung seiner praktische Anwendung, pp. 851-86

19. Law of Personal Companies, Interpretation by article (art. 249-294 Law 4072/2012) (ed. Marinos/Triantafyllakis), participation with interpretation of articles 282,282a,283, pp. 789-811

Studies in the legal press

1. The GOS control of a housing loan that provides for the right and the consequences of repayment before the agreed maturity of the loan, CHRID 2004 p. 470ff.

2. The cumulative application of the law of unfair competition and the law of patents (Law 146/1914 and Law 1733/1987) in the protection of inventive ideas, CHRID 2004 p. 1014ff.

3. Expenses for operating and maintaining a deposit bank account - The burden on the consumer and the control of the relevant term according to Law 2251/1994, EEmpD 2004 p. 717ff.

4. Opinion (in collaboration with Prof. Michael Marino): The penalty for the early repayment of a housing loan - Its nature, calculation and control in the light of Law 2251/1994, CHRID 2005 p. 459ff.

5. The protection of a registered trademark against another trademark before the civil courts, CJEU 2006 p. 585ff.

6. Legal remedies before the administration and the administrative courts for the protection of the owner of a mark/distinctive feature against another mark, CHRID 2006 p. 663ff.

7. The protection of the inventor from Law 1733/1987 against infringement by an equivalent technical rule, EEmpD 2006 p. 500ff.

8. The burden of the borrower with the costs of the file, legal and technical control, CHRID 2007 p. 589ff.

9. Deposit of an amount into an account by a third party who is not the beneficiary of the account – The commission of the bank and the control under Law 2251/1994, CJEU 2007 p. 782ff.

10. Defamation of trade name. Application of article 58 of the Civil Code and article 13 of Law 146/1914, EEmpD 2007 p. 746ff.

11. The GOS on compensation of the supplier by the consumer, (The new Law 2251/1994, article 2 par. 7 approx. lv), Advocate 62/2007 p. 84ff.

12. The financing of the State through income securities (securitization): Does the new decision of EUROSTAT lead the institution to uselessness? Business 2007 p. 1356ff.

13. Invalidity of a European patent – ​​Presentation before a Greek court and consequences of invalidity, CJEU 2007 p. 1043ff.

14. The consumer's claim for compensation due to moral damage according to Law 2251/1994, Law 2007 p. 1240ff.

15. Forms of financing in Public-Private Partnerships (Law 3389/2005), CHRID 2008 p. 105ff.

16. National symbol and its absolute inadmissibility for registration as a trademark (considerations on the occasion of the Legislative Decree 1104/2009), EEmpD 2009 p. 683ff.

17. Are Legal Entities under Public Law consumers according to Law 2251/1994? Considerations on the occasion of the decision of the Court of Auditors 155/2008 (section IV), OJ 2009 p. 1145ff.

18. The readjustment of interest rates and its judicial control in banking consumer contracts, OJ 2009 p. 26ff.

19. Liability of shareholders for debt-fine imposed on SA. Reflections on the decision of the ECJ, case C-81/2009, CJEU 2011 p. 156ff.

20. Conciliation procedure (article 99 Law 3588/2007), Resignation of mediator, EEmP 2011 p. 772ff.

21. Control and invalidity of a patent according to article 5 par. 1 Law 1733/1987, ElD 2012 p. 623ff.

22. Critical evaluation of the procedure of Law 3869/2010 (the "over-indebted households") and its reformation with Law 4161/2013. HriD 2013, p. 215ff.

23. Registration of a mortgage pre-notification in a Mortgage Office to secure a bond loan – the limitation of fees and other charges to 100 euros in the 2015 Legislative Decree p. 656ff.

24. The principle of transparency in the clauses of insurance contracts – obligations and rights of the insured, ESygD 2015 p. 5ff.

25. The applicability of article 742 of the Criminal Code for a minor who requests his inclusion in Law 3869/2010, CHRID 2015, p. 147ff.

26. Housing loans in Swiss francs – control of the monthly installment of the borrower in the light of Law 2251/1994, EEmpD 2015 p. 743ff.

27. Judicial review of GOS that repeats in content a legislative provision (article 1 par. 2 of Directive 93/13/EEC), CID 2015 p. 704ff.

28. Credit institution under special liquidation and transfer of legal relationship according to articles 63B, 63D of Law 3601/2007, Year 2017, p. 43ff.

29. Liability of a liquidator for the tax debts of a bankrupt SA in accordance with Law 2238/1994 (article 115) in the event of his appointment after the start of the liquidation procedure, OJ 2017 p. 1438ff.

30. The debtor's fraud in causing permanent and general insolvency according to article 1 N 3869/2010, Advocate, issue 122, 2017 p. 32ff.

31. The conditions for the inclusion of a business in the special management procedure according to Law 4307/2014, CHRID 2018 p. 649ff.

32. The application of article 291 of the Civil Code as a means of filling a contractual gap in loans with a Swiss franc value clause - considerations regarding C-186/16, PPRAth 799/2017, PPRAth 800/2017, ElD 2018 p. 1010ff.

33. Problems and interpretative approaches regarding the special management from nos. 68 ff. Law 4307/2014, EEmpD 2018 p. 503 ff.

34. The meaning and content of Swiss-type claims in a European patent (considerations regarding the reservation from article 167 par. 2 of Law 1607/1986), EEmpD 2018 p. 986ff.
35. The conversion of OE to EE according to the new article 282A N 4072/2018 – An interpretative contribution to article 282A, CJEU 2018 p. 1141ff.

36. The recent jurisprudence on loans with repayment in Swiss francs as a reason for opposition despite the applicable provisions on res judicata and unchallenged objections (articles 633 par. 2, 933 par. 4 of the Civil Code), OJ 2019 p. 1069ff.

37. The judicial expropriation of a property and its rescue as a main residence in the process of settling debts of over-indebted natural persons, CHRID 2019 p. 561ff.

38. The establishment of the SA by the notary as a One Stop Service, Business 2020 p. 148ff.
39. The post-contractual prohibition of the employee not to compete with his former employer, EEmpD 2021 p. 865ff.

40. The legal position of the Chairman of the Board of a joint SA, Competencies and responsibility, DEE 2022 p. 10ff.

41. The protection of the main residence under Law 4738/2020: Continuation of the "Katseli law" or another regulation? I. Venieris, The protection of the main residence under Law 4738/2020: Continuation of the "Katseli law" or another regulation? EEmpD 2022 pp. 975-1002

42. The concept of private use according to article 18 of Law 2121/1993, the use by companies with commercial and professional activity and by importers of technical means, DEE 2022, pp. 1341 – 1351

43.The pilot trial in civil justice – Reflections on Acts no. 3-4/2022 of the Committee of Article 20A of the Civil Code -, Civil Code 2022 p.136-147

 

Dozens of observations and commentaries on judicial decisions

Reference to the above authored legal works has been made by hundreds of court decisions as well as studies or books by other authors

Publications in the foreign legal press

1. Das griechische Privatinsolvenzrecht, Betrachtungen und Bewertungen aus praktischer Sicht, ZVI 2015 p. 3et seq.
2. Plain and intelligible language” of consumer insurance contracts under the light of the Greek jurisprudence, European Insurance Law Review, 2015 p. 24et seq.
3. Missbrauchs- und Transparenzkontrolle der AGB für Verbraucherdarlehen in Fremdwährung, VuR 2015, p. 363et seq.
4. The transfer of consumer deposits in case of bank recovery and resolution in the EU: three Greek examples, EuCML 2018 p. 104et seq.
5. «A Guide to Consumer Insolvency Proceedings in Europe», collective work (Editors Graziano/Bojārs/Sajadova), Country report: Greece, 2019, p. 536-563
6. Τhe New ‘One-stop-shop’ Procedure for the Establishment of a Société Anonyme in Greece – A Delayed but Welcomed Revolution’. European Company Law, Journal 17, no. 6 (2020): 258–263
7. Die Urteilsbekanntmachung gemäß § 19c MarkenG unter dem Gesichtspunkt der Verhältnismäßigkeit, MarkenR 2020, 414-420.

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