Fortsakis, Diakopoulos, Mylonogiannis & Associates

Managing Partners: Dimitris Diakopoulos
Number of partners: 5
Number of lawyers: 19
Languages: English, French, German, Greek

Firm Overview:
Fortsakis, Diakopoulos, Mylonogiannis & Associates ("FDMA") is a leading Greek law firm providing a comprehensive range of elite legal services across the full spectrum of business, administrative and tax law and possessing second-to-none advisory expertise on landmark business transactions in Greece in the last years.

With its offices located at the heart of the Athens business centre, the firm boasts today of a vibrant and multi-disciplined team of top-class practitioners, including 5 partners and 19 attorneys (counsels and attorneys), all recognised experts in their respective fields of specialisation.

Focusing on complex domestic and international transactions, the practice covers a wide spectrum of legal areas ranging from major privatisation/PPP projects, to complex corporate commercial and tax law matters to dispute resolution of business/commercial disputes and of tax-related matters. In addition, FDMA is recognised as a leading expert in the fields of Greek energy law, M&A's and investment projects in Greece.

The firm's hands-on approach to its clients’ affairs has earned it the reputation of one of the best legal teams in the Greek market, enjoying long-standing relationships with an unmatched variety of Greek and international clients, which includes other law firms and the Big 4 accounting companies, multinationals, foreign State enterprises, financial institutions, utilities and public contractors in investment, construction and energy projects, as well as public law entities and the Greek State.

It is the firm's policy to combine proven legal expertise with commercial flair, thus adding extra value and scope to the firm's clients' business and pursuing best results for their objectives and commercial activities in a demanding and changing legal environment. To this effect, the firm strives to meet its client’s needs by providing timely and efficient services and creative and practical solutions, even when handling the most intricate transactions and agreements.

Main Areas of Practice: 

■ Banking

■ Corporate & M&A

■ Dispute Resolution (Litigation & Arbitration)

■ Energy

■ EU & Competition

■ Tax & Administrative

■ Technology, Media & Telecommunications

Corporate & M&A (including privatizations and PPP): 

3 partners (Dimitris Diakopoulos; George Mylonogiannis; Nikolas Avgouleas); 8 associates

Highlights:  

- General Legal counsel to the Piraeus Container Terminal, an 100% subsidiary of the COSCO Group.

- Advising a General Legal counsel to EDA Attikis SA, the Attica Natural Gas Distribution Company.

- Advising a Greek bank on Creta Farm SA's restructuring.

- Advising and representing before the competent Greek courts a Greek systemic bank regarding non-performing loans guaranteed by the Greek State

- Advising one of the Greek systemic banks on Follie Follie SA's restructuring.

- Legal counsel to the subsidiaries of the Airbus Group subsidiaries in Greece.

- Legal counsel to the Hellenic Republic Asset Development Fund (“HRADF”) in relation to the concession Egnatia Odos Motorway (the largest motorway operating currently in Greece) and three vertical axes thereto.

- Legal counsel to a Prequalified Investor in relation to the acquisition of 30% in the share capital of Athens International Airport ("AIA").

- Legal counsel to one of the interested bidders for the assets of ELVO SA.

- Legal counsel to the Hellenic Republic Asset Development Fund ("HRADF") in relation to the liquidation of LARCO.

- Legal counsel to one of the potential bidders in relation to the acquisition of a majority shareholding in DEPA Commercial SA (Public Gas Corporation).

- Legal advisor to the buyer of the Afantou area on the island of Rhodes.

- Legal advisor to the COSCO Group on the restructuring and expansion of the concession of the Piraeus port container terminal.

- Legal counsel to the Hellenic Republic Asset Development Fund ("HRADF") in relation to the privatization process of the Hellinikon Area, the flagship in the Greek State’s privatizations portfolio.

-counsel to the constructors of the Ionia Odos toll highway and to the concessionaire of the highway, as well to the concessionaire of Kentriki Odos motorway.

Key clients: COSCO Group, Piraeus Container Terminal SA; EDA Attica SA;; Hellenic Republic Asset Development Fund SA; AIRBUS; ARDIAN; PIRAEUS BANK.

Contact: Mr. George Mylonogiannis, Senior Partner (+30 210 3218900)

E-mail: [email protected]

Dispute Resolution (Litigation & Arbitration):  

4 Partners (Prof. Theodore Fortsakis; George Mylonogiannis; Dr. Petros Pantazopoulos; Nikolas Avgouleas); 4 fee earners (associates)

Recent Highlights:  

- Representing Novartis Hellas SA in disputes arising from the imposition of claw back and rebates.

- Represented MBDA in relation to the awarding of a defense contract.

- Represented the union of companies "ACCIONA CONCESIONES, S.L." & "MYTILINEOS S.A." in relation to the awarding of a PPP agreement for the Motorway “Pylos-Kalamata”.

- Represented WIND SA in relation to the awarding of PPP contracts for Ultra-Fast Broadband Infrastructure.

- Represented a major Greek construction company in relation to the awarding of a PPP contract for waste management.

- Represented the union of the companies "ACCIONA CONCESIONES, S.L." & "MYTILINEOS S.A." in relation to the awarding of a concession agreement for the Northern Crete Road Axis (Section “Chania-Heraklion”), as well as of a PPP contract for the Northern Crete Road Axis (Section “Hersonissos - Heraklion”).

- Represented MYTILINEOS S.A. in relation to Environmental Terms Approvals of a public works contract that has been awarded to a joint venture of the company.

- Legal counsel to Forthnet SA in relation to a special social security contribution.

- Advised and represented Hellenic Asset Development Fund SA in relation Environmental Terms Approvals of several of its assets (Egnatia Odos, Markopoulo Olympic Equestrian Centre and Horse Race course, Hellinikon)".

- Second to none experience in arbitration from disputes arising from defense contracts.

Key clients: NOVARTIS HELLAS SA; MBDA; ACCIONA Concesiones S.L.; MYTILINEOS SA; THALES; WIND SA; FORTHNET SA; NEA ODOS SA; KENTRIKI ODOS SA.

Contact: Mr. Nikolas Avgouleas, Partner (+30 2103218900)

E-mail: [email protected]

Energy: 

3 partners (Prof. Theodore Fortsakis, Dimitris Diakopoulos, Nikolas Avgouleas); 3 associates

Recent Highlights: 

- Legal Counsel to IGI Poseidon SA (a joint venture of Edison S.p.A. and DEPA SA) in relation to its tendering procedures.

- Legal counsel to EDA Attikis SA (the Attica Natural Gas Distribution Company) on all matters (corporate and regulatory).

- Legal Counsel to DEPA SA on various regulatory issues and awarding procedures.

- Legal Counsel to the DEI SA (the Public Power Corporation) on its awarding procedures.

- Legal Counsel to a Statkraft AS' subsidiary in relation to its licensing by the Greek Regulatory Authority for Energy.

- Legal Counsel to Eunice Trading SA on energy specific regulatory issues.

- Legal Counsel to DESFA SA in relation to regulatory issues and awarding procedures.

Key clients: EDA Attikis SA; DEPA SA; DEI SA

Contact: Mr. Dimitris Diakopoulos, Managing Partner (+30 2103218900)

E-mail: [email protected]

Tax & Administrative: 

4 partners (Prof. Theodore Fortsakis; Dr. Petros Pantazopoulos; George Mylonogiannis; Nikolas Avgouleas); 5 associates

Recent Highlights: 

- Represented one of the systemic banks with regard to its claims against tax authorities for the refund of €75m of taxes withheld on interest accrued on bonds, which, according to the Greek Income Tax Code, shall be set off against income tax that will be incurred the next 5 years following such withholding.

- Represented two of the systemic banks on submitting an application before the European Court of Human Rights (ECHR) in relation to the their claims against tax authorities for the refund of tax withheld on interest accrued on bonds.

- Represented Vodafone – Panafon SA regarding its claim for the refund of stamp duties imposed on cross–border cash pooling transactions.

- Represented DEPA SA regarding the tax treatment of tax withheld on payment of dividends.

- Represented EPA Attica SA regarding its dispute for the imposition of municipal fees, for the use of communal land for the construction of its natural gas distribution network.

- Advised and represented Hellenic Petroleum (HEL.PE) with regard to its claim for the refund of tax withheld on payment of interests.

-Represented Greek Church of Scientology on the imposition of Special Property Tax amounting to half million euro.

- Acted as legal counsel of a major foreign online gaming company in relation to its dispute with the tax authorities arisen from the imposition against the Client of certain taxes falling within the scope of the Convention for the Avoidance of Double Taxation between Greece and the jurisdiction concerned.

- Represented Demokritos (Research Centre for Nuclear Research) in relation to its dispute with the tax authorities arising from the imposition of income tax on amounts paid to the Client by Greek and European Research Programs.

- Represented Co-operative Union of Tobacco producers in Greece on its dispute with the tax authorities for the matter of previous year’s tax loss’ deductibility.

- Advised Alouminion Hellas regarding the fiscal carry forward of losses in case of cross–border mergers.

- Represented SEKAP SA on its dispute with the tax authorities with regard to the imposition of income tax, stamp duties and taxes on the raising of capital after the capitalization of certain debt of the company.

- Advised MYTILINEOS S.A. on an issue relating to the taxation of its distributed profits.

-Advised VIOCHALCO on the matter of the exemption from tax of the profit acquired in case of sale of stock by the Greek Branch of an entity based in another EU country

- Represented a leading, publicly listed gaming solutions supplier and operator on its dispute for the imposition of income taxes and fines of €11m due to the receipt of alleged fictitious invoices.

- Advised and represented a subsidiary of two Greek systemic banks in relation to the settlement of VAT incurred on expenses amounting to approx. €6m.

-Represented MEDOCHEMIE SA on extra - judicial level regarding the imposition of income tax after correction of the transfer pricing applied between the company and its mother entity

- Representation of two high profile executives of the Client, a global investment firm (acted as directors of a Greek undertaking acquired by the Client) regarding a €60m tax claim due to their–alleged-personal liability for income tax and VAT assessed against the Greek company.

-Represented a Municipality in Peloponnese on the imposition of a financial correction of 4.000.000 euro for non compliance with the conditions of the financing

- Represented high profile individual who has served as director of a major hospital in Athens and has been considered as jointly liable for the payment of withholding taxes imposed on the hospital, prior to his terms of office.

- Represented a high-profile individual with regard to a €5,6m claim arising from the imposition of inheritance tax on an amount received as compensation from the expropriation of a property lying outside the Greek territory.

- Acted as legal counsel to a high-profile individual with regard to an imposition of Inheritance Tax of 10.000.000 euro.

Key Clients: ALPHA BANK SA; PIRAUES BANK SA; DEPA SA; HELPE SA; SEKAP SA; MYTILINEOS SA; GREEK CHURCH OF SCIENTOLOGY, VIOCHALCO, MEDOCHEMIE SA

Contact: Dr. Petros Pantazopoulos, Partner (+30 2103218900)

Email: mailto:[email protected]

Technology, Media & Telecommunications (TMT): 

3 Partners (Dimitris Diakopoulos, Dr. Petros Pantazopoulos, Nikolas Avgouleas); 3 associates

Recent Highlights: 

- Legal counsel to Qualco SA in connection with the negotiation, drafting and closing of a highly complex debt portfolio management services agreement, including services relating to the securitization of such debt.

- Legal counsel to MEC Medianetwork Hellas SA, on all its transactions and contracts with Greek broadcasters and media companies and is looking after the entire range of the Client’s operations in Greece in the media sector in terms of agreements.

- Legal counsel to Forthnet SA in relation to its participation in the Tender for the introduction of the VDSL vectoring technology.

- Legal assistance to Vodafone and Wind in relation to regulatory framework and compliance and licensing issues.

- Legal advisor to the IOC’s broadcasting arm in connection with the Sochi 2014 Winter Olympics.

- Legal counsel to the official broadcasters of the Athens 2004 and Beijing 2008 Olympic Games.

- Represented Wind SA in relation to the awarding of PPP contracts for Ultra-Fast Broadband Infrastructure.

Key Clients: QUALCO SA; OLYMPIC BROADCASTING SERVICES; OLYMPIC CHANNERL; WIND SA; FORTHNET SA; WAVEMAKER HELLAS SA.

Contact: Mr. Dimitris Diakopoulos, Managing Partner (+30 2103218900)

Email: mailto:[email protected]