Machas & Partners Law Firm was proud to participate once again in the 5th Panhellenic Conference on Public Procurement, organized by NOMIKI BIBLIOTHIKI — an event highlighting the latest legislative and practical developments in the field of public procurement.
Our Partner and Head of Administrative Law/Public Procurement & PPP, Virvilios Anastasios, took part as a speaker on a notable panel, where he addressed the topic of “The Concept of Serious Breach (Art. 19 – Penalty Clauses, CJEU)”, delivering insights on the recent amendments to Law 4412/2016, as introduced by Law 5218/2025.
His presentation centered on the addition of Article 202A, a significant legislative intervention in the system of exclusion grounds from public procurements. He highlighted that the legislator aims to enhance legal certainty, clarifying the notion of serious misconduct, introducing for the first time a quantitative criterion based on the financial threshold of imposed sanctions, and distinguishing sanctions of minor significance from conduct capable of justifying exclusion.
At the same time, the discussion addressed the restriction of the scope of application of the exclusion grounds under Article 73(4) (στ) and (ζ) of Law 4412/2016. This development reflects a deliberate shift away from an overly formalistic approach towards a more proportionate assessment of economic operators’ conduct, aiming to balance effective competition with the protection of integrity in public procurement procedures.
