Tag: Greek legal language

Ορισμένες πρώτες σκέψεις σχετικά με την απόφαση 221/2026 του Αρείου Πάγου.

Η υπόθεση αφορούσε ένα μακροχρόνιο έργο αιολικής ενέργειας, στο οποίο συμμετείχαν μια ελληνική εταιρεία ανάπτυξης έργων και ένας Ισπανός επενδυτής. Παρότι το έργο επρόκειτο να κατασκευαστεί στην Ελλάδα, η μεταξύ τους σχέση διεπόταν από συμβάσεις συνταγμένες στην αγγλική γλώσσα.

Όταν η σχέση αυτή οδηγήθηκε τελικά σε ρήξη, ο Ισπανός επενδυτής επέδωσε εξώδικη δήλωση με την οποία γνωστοποιούσε ότι είχε αποφασίσει να «terminate the … Contracts and withdraw from the Project».

Η έννοια και οι έννομες συνέπειες της δήλωσης αυτής αποτέλεσαν αντικείμενο της δίκης. Τα δικαστήρια που εξέτασαν την υπόθεση ασχολήθηκαν με το συμβατικό λεκτικό και τις ελληνικές μεταφράσεις.

Για περισσότερα, διαβάστε το άρθρο. ⬇️ Greek Supreme Court judgment No. 221/2026

 

Hellenic Supreme Court Judgment No. 221/2026 [1] contains an unusually useful example of translation becoming part of the legal problem in a cross-border dispute.

The underlying case concerned a long- running wind-energy project involving a Greek developer and a Spanish investor. Their relationship was governed by English-language contracts. When that relationship eventually broke down, the Spanish investor served an extrajudicial notice stating that it had decided to “terminate the … Contracts and withdraw from the Project”. The meaning and legal effect of that declaration became part of the litigation. The courts had to consider the contractual language, the Greek translations relied upon by the parties and the legal mechanism that the notice was attempting to exercise

The way the documents had been translated had become relevant to the court’s legal analysis of the dispute.

When terminology becomes part of the argument

The central translation issue concerned the English terms “withdrawal” and “withdraw”. The parties had produced different Greek renderings of the same contractual language. In the Framework Agreement, the Greek developer translated the heading “Withdrawal” as «Υπαναχώρηση». The Spanish investor’s translation used «Απόσυρση». Within the operative provisions of the Spanish investor’s own translation, however, “withdraw from their obligations” was rendered using «υπαναχώρηση», and the same term appeared again in the provisions describing the consequences of exercising that right. The Court of Appeal expressly identified the inconsistency.

That finding has an immediate practical significance for lawyers. A translation commissioned during the early stages of a matter may still be sitting in the file several years later when the meaning of the underlying provision becomes disputed. The terminology adopted at that earlier stage can then be compared with later translations of notices, correspondence, pleadings and exhibits. If the same contractual mechanism has been rendered differently across the record, counsel may have to explain why. In Judgment No. 221/2026, the inconsistency was visible to the court and formed part of its assessment of the competing terminology.

The legal significance of the words also depended on context. The Court of Appeal considered «υπαναχώρηση», «απόσυρση» and «αποχώρηση» in light of the contractual mechanism created by the relevant provisions and the legal consequences attached to it. It concluded that, in this particular contractual setting, “withdrawal” and “withdraw” were to be understood from the viewpoint of Greek law as «υπαναχώρηση» and «υπαναχωρώ». That reasoning is useful precisely because it is contextual. An English verb that appears straightforward at first sight may acquire a much narrower legal significance once it is placed inside a clause dealing with the exercise of a particular contractual right.

For counsel, this creates a clear risk-management issue. A translation can contain language that is perfectly intelligible and still create difficulty because the chosen terminology does not sit coherently with the legal mechanism expressed elsewhere in the contract. The problem becomes more serious where several translations have been commissioned at different times and the terminology has drifted. Once the dispute reaches court, those choices become part of the documentary history of the case.

Terminology drift

Cross-border disputes rarely arrive fully formed. They develop over time[2]. An agreement may be translated when advice is first sought. Correspondence may be translated months later. An extrajudicial notice may be prepared during an escalation of the dispute. Pleadings, exhibits and witness material may follow. Appeals and cassation proceedings can generate further translation requirements. The same underlying contractual concepts may therefore reappear in documents produced years apart.

That makes translation consistency a case-management issue. The important question is whether recurring concepts have been treated coherently across the file. Counsel should know how a key term was translated in the agreement, whether the same terminology was used in subsequent correspondence, and whether a later translation introduces a different Greek expression for the same contractual mechanism. If a change is deliberate, it should be capable of explanation. If it has happened accidentally because a later document was translated without access to the earlier material, the file has acquired an avoidable vulnerability[3].

Judgment No. 221/2026 gives this point real substance. The court did not examine one translated sentence in isolation. It moved across the Framework Agreement, the Project Agreement, the parties’ respective translations and the December 2015 notice. Earlier terminology informed the analysis of the later declaration. The documents formed a chain. For lawyers managing a bilingual dispute, the translation process needs to reflect that same chain.

This has implications for the way instructions are given. A translator dealing with an operative notice may need the underlying agreement and its existing translation. A translator working on pleadings may need to see the terminology already adopted in the evidence. Where a concept is genuinely ambiguous, counsel may need to decide how that ambiguity should be handled before the translation is finalised. Those steps reduce the chance that terminology will develop independently across documents that will ultimately be read together.

The legal effect of a few words

The December 2015 notice brought these issues into focus. Its English text stated that the Spanish investor had decided to “terminate the … Contracts and withdraw from the Project”. The Court of Appeal considered that the wording raised a question about the juridical character of the declaration, because the two expressions potentially pointed towards different legal mechanisms.

The court then examined the consequences contemplated by the notice. Among other things, the Spanish investor proposed the transfer of its shares in the project company for a nominal price. That consequence corresponded with the contractual mechanism provided for in Article 5.2 of the Framework Agreement in connection with withdrawal. The court therefore characterised the declaration as an exercise of contractual υπαναχώρηση.

For a lawyer reviewing a translation, this is an important point of method. Operative language has to be read through the legal function of the document. A notice may be exercising a right, triggering a contractual consequence or attempting to bring a legal relationship to an end. A translation choice affecting the characterisation of that act deserves a different level of scrutiny from a purely descriptive passage in the factual record.

That distinction is easy to miss where the disputed English word appears ordinary and is not a term of art. “Withdraw” is common language. In this case, it was connected with a contractual right carrying defined conditions and consequences. A translator who treats the word as an isolated lexical problem may produce a fluent version while missing the legal architecture around it. Counsel then inherits that decision when the document is relied upon in proceedings.

The judgment provides another example in the word “feasibility”. Article 3.5 of the Project Agreement referred to the project’s “technical and financial feasibility”. One translation rendered the term as «βιωσιμότητα». The Court of Appeal considered «σκοπιμότητα» the appropriate rendering in the context of the provision.

The point is useful because “feasibility” does not immediately look like a difficult legal term. Within Article 3.5, however, it formed part of the condition governing whether the investor could exercise its right to withdraw from the project. Its importance came from the work it was doing in the clause.

Commercial contracts contain many expressions of this kind. “Material”, “reasonable”, “completion”, “default”, “acceptance”, “notice”, “cause” and similar words can acquire considerable significance through their contractual function. Their translation requires attention to the surrounding rights, obligations and consequences. The presence of familiar vocabulary should not encourage a lighter review where the clause itself performs important legal work.

For counsel, the practical implication is straightforward. Review effort should follow legal significance. A term embedded in a provision governing termination, withdrawal, liability, payment, default or another important contractual mechanism deserves close attention even if the English itself appears routine.

The risk often lies in the relationship between the word and the clause, not in the word viewed on its own.

AI does not remove the need for file-level verification

The same issue arises when machine translation or generative AI is incorporated into the workflow. Glossaries and terminology instructions can improve consistency across large volumes of material. They are useful tools, particularly where a case contains recurring technical or contractual language. Their effectiveness still needs to be verified against the documents that matter.

Generative systems produce language probabilistically. A preferred term may be supplied in a glossary and still appear differently in another passage. The system may preserve the chosen word while misunderstanding the legal relationship expressed by the clause. Large-scale use therefore creates a practical review question for counsel: have the legally significant occurrences actually been checked against the agreement and against the terminology already used elsewhere in the file?

That question becomes particularly important where translation work is divided across several stages of a dispute. An AI-assisted translation of a new notice may be linguistically polished and internally coherent while departing from terminology established years earlier in the contract. Without a case-level review, the divergence may remain invisible until the documents are placed side by side in proceedings.

Translation risk

Judgment No. 221/2026 does not support the claim that the Spanish investor lost because of a bad translation. After the December notice had been characterised as an exercise of υπαναχώρηση, the courts still had to determine whether the contractual conditions for exercising that right had been met. Article 3.5 allowed withdrawal where the project’s technical or financial feasibility had proved insufficient under the relevant conditions. The Court of Appeal found that the notice did not specify whether the alleged inadequacy was technical, economic or both, and did not identify the supporting data. The attempted exercise of the right therefore failed on substantive grounds. The Supreme Court rejected the cassation challenge to that conclusion.

The translation issue nevertheless mattered because it formed part of the route by which the legal act was characterised. That is a realistic model of translation risk in contentious work. The danger is often cumulative. An inconsistent term, an unexamined synonym, a later document translated without reference to the underlying agreement, or an ordinary commercial word carrying an important contractual threshold can create an additional point requiring submissions and judicial analysis.

Cross-border litigation already contains enough genuine uncertainty. Translation should be managed so that it does not introduce further avoidable ambiguity into the record. Judgment No. 221/2026 shows how easily terminology can become part of the forensic material once a dispute turns on the legal effect of the documents themselves. For Greek lawyers working with English-language contracts, the case offers a practical reason to treat translated terminology as part of the case strategy from the outset, with the same attention to consistency, context and legal consequence that is applied to the original documents.

#GreekLaw #LegalTranslation #ContractualDisputes

[1] https://shorturl.at/f0m4s. The judgment is in Greek.

[2] Scott, J., O’Shea, J. How Legal Documents Translated Outside Institutions Affect Lives, Businesses and the Economy. Int J Semiot Law 34, 1331–1373 (2021). https://doi.org/10.1007/s11196-020-09815-5

[3] Scott, J. & O’Shea, J., ‘Legal Systems Exposed: Translation and Vulnerabilities’ in Anne Wagner and Aleksandra Matulewska (eds), Research Handbook on Jurilinguistics (Edward Elgar Publishing 2023) 300 https://doi.org/10.4337/9781802207248.00029

When legal documents cross borders, the challenge is not simply one of language. Different jurisdictions organise legal concepts differently, use different procedural terminology and often have no exact equivalent for terms that appear straightforward on the page. For clients working between Greece, Cyprus and English-speaking jurisdictions, those differences can have real consequences.

This is where specialist legal translation adds value.

JurTrans works exclusively in the Greek-English legal and financial field, helping law firms, businesses, institutions and private clients use translated documents with confidence. The aim is not only to produce text that is linguistically accurate, but to ensure that it makes sense in its legal context and is appropriate for the purpose for which it will be used.

That requires judgement. A term that appears to have an obvious English equivalent may carry a different procedural or institutional meaning in Greek or Cypriot law. A literal rendering may be understandable but misleading. A phrase that is acceptable in one legal system may sound unnatural, imprecise or even suggest a different legal effect in another.

By combining linguistic expertise with detailed familiarity with Greek, Cypriot, UK and European legal terminology and practice, JurTrans helps clients avoid those problems. The result is clearer drafting, more reliable terminology and fewer ambiguities in documents intended for litigation, corporate transactions, contracts, regulatory matters and other situations where precision matters.

Experience also plays an important role. After almost three decades and tens of millions of translated words across legal and financial subject areas, recurring terminology, procedural distinctions and jurisdiction-specific conventions are familiar territory. That accumulated knowledge allows potential issues to be identified early and handled consistently.

The rise of generative AI has made instant translation easier than ever. It has also made it easier to produce text that sounds convincing while being subtly or plainly wrong. In legal work, fluency is not the same as accuracy. A polished sentence can still contain a false equivalence, omit an important distinction or introduce terminology that is inappropriate for the relevant jurisdiction.

For this reason, the human element remains central to the JurTrans approach. Technology is used where it genuinely improves consistency, efficiency and terminology management, but every text is subject to professional judgement and careful review. Clients also benefit from confidentiality, accountability and the ability to ask questions or resolve uncertainties with a specialist who understands both the source document and its legal setting.

Ultimately, good legal translation should reduce friction rather than create it. It should allow the reader to focus on the substance of the document without being distracted by awkward language, uncertain terminology or hidden ambiguity. That is the practical benefit JurTrans aims to provide: accurate, dependable legal communication across jurisdictions, with the expertise and scrutiny that high-stakes documents require.

 

Ius et Translatum: English-Greek / Greek-English Legal Glossary – A review

Marta Chromá has written that “legal translation implies both a comparative study of different legal systems and an awareness of the problems created by the absence of equivalent concepts, legal institutions, terms and other linguistic units. As pointed out by Kischel … ‘the question in legal translation is not which translation is right, but more modestly, which one is less wrong’”[1].Continue Reading..

Launching a new series of interviews with legal translators and experts in the field of legal translation, we have an interview with Eleni Nanaki, Attorney at Law LL.M – author and publisher of the bilingual legal glossaries in the ius et translatum series who talks to us about challenges in legal translation as seen by an international lawyer…Continue Reading..

A couple of interesting talks on legal translation and court interpreting are coming up in the next few days and weeks…Continue Reading..

In one of our previous posts we talked about the cultural inconsistencies in legal translation that often come up and specifically about inconsistencies in the realia. In this post, we are going to talk about the ways in which the legal translator can tackle these inconsistencies.

We gave an example using the term “fiduciary” and its Greek translation, but we concluded that there isn’t an equivalent term that has the exact same meaning and an identical content in the Greek legal system. What needs to be stressed here is the fact that the legal translator is able to reach this conclusion only if he is familiar with the law of both the legal systems involved: the legal system from which the source text comes and the legal system from which the target text comes. Familiarity with the first will enable the translator to have a clear grasp of the meaning, the content and the function of the concept, the term or the realia that he needs to translate. Familiarity with the second will enable him to look for the respective concept, term or realia in the target language.

As in the example that we used in our previous post, in the case where there isn’t an equivalent concept, term or realia, the translator should embrace the interpretative approach, aiming at the same time to ensure that the final recipient of the text will be able to understand it. The target text will be used in the context of a different legal system by people familiar only with their own legal system. The translator’s aim should be to clearly present the foreign legal system, without altering the structure and the legal effect of the text and of course without adding to or subtracting from the amount of information that the final recipient will draw from his translated text.

Hard? Yes. Impossible? No.

In any case, the legal translator should contact his client and advise him about the implications that arise from the inconsistencies of the two cultures involved, as well as about the ways in which he is planning to tackle those cultural inconsistencies in legal translation.

In our example I chose to translate the term “fiduciary” as “διαχειριστής αλλότριας περιουσίας” (administrator of another’s affairs), drawing my inspiration from the concept of “management of another’s affairs/voluntary agency” (διοίκηση αλλοτρίων) in Article 730 of the Hellenic Civil Code. The reason that the English term couldn’t have been translated as “διοικητής αλλοτρίων” (manager of another’s affairs/voluntary agent) is because there is a crucial difference between those two concepts: the agent mentioned in Article 730 of the Greek Civil Code manages the affairs of another person, but acts without authority, while the fiduciary acts under a mandate.

Just like any translator, the legal translator should also cultivate his multiculturalism, as this is a necessary professional tool. Since any form of cross-language communication is also cross-cultural communication (Vlachopoulos, p. 36) and every legal system is created within a specific culture, it is more than necessary for the legal translator to be aware of and be exposed to his own, as well as the foreign culture. This is the very heart of the role of the professional legal translator, as he is the person responsible for transferring the message and the content of the legal text from one culture to the other and finding solutions to the legal inconsistencies in his legal translation.

According to Vlachopoulos, who in turn refers to the research of Maddux & Galinsky in the field of business administration (Vlachopoulos, p. 37), simply knowing the language, as a sum of finite linguistic units and syntactical mechanisms, without being aware of the cultural elements reflected in the usage of a specific word or in the usage of a specific syntactical mechanism and without being conscious of the significance these elements bear in the foreign culture, dooms every effort of cross-cultural communication to failure. In other words, lack of awareness of the cultural parameters defeats creative understanding and leads to a linear and uncritical transfer of structures of the source language to the target language. It leads, above all, to an uncritical transfer of the thought structures of the source culture to the target culture. Vlachopoulos then he goes on to say that it is necessary for the translator to be familiar with the cultures with which he is working, so that, firstly, he can possess the knowledge and the experience that will support his understanding of the target culture and secondly, to be able to assess the acceptance criteria and in this way be able to converge to the highest possible extent with the communication standards that he is required to respect.

In the context of cross-cultural communication, therefore, the skilled legal translator should possess an awareness of the legal culture of both countries and keep himself constantly informed about new legislation, new case-law and the changes taking place in his own, as well as in the foreign legal system.

 

By Eva Angelopoulou

A legal text always reflects a specific national legal system, in the sense that it is based on the laws, rules and regulations of that legal system. Any national legal system is, in turn, culture-based, since it is created in accordance with the needs of a specific culture and aims to ensure harmonious co-existence between the members of that culture. In this sense, law is an integral component of culture. Since no two cultures are identical, no national legal system can be identical to another, even if both of them belong to the same legal family. The logical consequence of this simple fact, and one that is of course anticipated by professional legal translators, is that difficulties and challenges are bound to come up while transferring a legal text’s message from one national legal system to another, due to the differences and non-equivalences between the respective legal systems. These differences and inconsistencies are, of course, also reflected in the legal language, which is the means of expressing the national law.

The differences therefore between the source culture and the target culture create inconsistencies in legal texts. There are different kinds of inconsistencies, but in this post we are going to talk about what is perhaps the most common kind of inconsistency that can be found in legal texts, one that arises due to the non-existence of a culture’s realia (institutions, concepts and systems) in another culture. This type of inconsistency is called factual inconsistency. I wonder if there is a professional legal translator who hasn’t encountered terms, phrases or concepts in legal texts that refer to realia that exist in the source culture, while no equivalent realia exist in the target culture. An example of a factual inconsistency that I recently encountered while translating an English legal text into Greek is the term “fiduciary”. This general term, that can be found in Common Law systems, refers to the person that somebody entrusted with the management of their affairs. The individual who acts as fiduciary is someone who undertakes to act for the benefit of and on behalf of the person who trusted them in relation to a particular affair. In bilingual English to Greek legal dictionaries the term fiduciary is usually translated as θεματοφύλακας (thematofylakas). The term θεματοφύλακας (thematofylakas) however refers to the contract of deposit under Article 822 of the Greek Civil Code, according to which “the depositary takes delivery from another person of a moveable thing with a view to keeping it subject to the undertaking of restitution upon demand”. It doesn’t take long for a professional legal translator, who is familiar with the Greek law of obligations, to realise not only that the term fiduciary cannot be translated as θεματοφύλακας (thematofylakas) in Greek, since a fiduciary relationship does not include only guarding a moveable thing, but also that there isn’t really an equivalent term or concept in the Greek legal system with exactly the same meaning and an identical content.

The next question that logically comes up is how should a legal translator tackle these inconsistencies?

We will try and give an answer to this question in a future post. In the meantime, you can read more about inconsistencies in legal texts and the legal translator’s approach in this article by Stefanos Vlachopoulos  in Greek or in this one  by Radegundis Stolze in English.

 

by Eva Angelopoulou

It would seem therefore that legal translation is, at best, an approximation. Indeed, many lawyers acknowledge that this is so and that equal meaning and exact translations between legal texts are illusions that cannot be achieved in practice. Thus, many claim that the task of the legal translator is ‘to make the foreign legal text accessible for recipients with a different (legal) background’. However, that claim only works with regard to texts that do not have force of law in the target language.

Karen McAuliffe: Translating Ambiguity,The Journal of Comparative Law, Vol 9(2)

The University of the Aegean’s Department of Information & Communication Systems Engineering has recently released a GR-EN / EN-GR glossary of e-Government terms.

To view it click here: http://icsdweb.aegean.gr/project/lexiko/

EU court ruling removes special treatment for specific more widely-spoken European languages

Last week (24/9/2015) the General Court of the European Union handed down its Judgment in Cases T-124/13 Italy v Commission and T-191/13 Spain v Commission.

This ruling annuls 3 competition notices to recruit personnel published by the European Personnel Selection Office (EPSO) which required candidates for the EU jobs it was advertising to choose English, French or German as their second language and as the language of communication with EPSO.

Candidates needed to have 1 official EU language plus ‘satisfactory knowledge’ of a second language to be chosen by each candidate from English, French or German’. That second language would be used in communications with EPSO and in the selection procedure itself. EPSO asserted that these restrictions on the number of languages were justified to promote greater efficiency in day-to-day work, otherwise with an excessive range of EU languages effective functioning of the EU institutions would be impaired.

Italy and Spain, whose languages didn’t receive ‘preferential’ treatment complained to the General Court. They essentially argued that the EPSO notices discriminated against them, infringed the EU’s language regime contained in Regulation No 1 of 1958 and disregarded the principle of proportionality. Italy argued that European citizens have the right to address the EU Institutions using any one of the official languages, and that they have the right to receive answers from the Institutions in the same language. Spain added that in practice, that restriction on languages provided all candidates whose first language is one of the three languages mentioned above with a competitive advantage.

The General Court’s judgment has now annulled the 3 notices. The court argued that even if the Institutions can adopt details rules governing the language regime in their internal rules, the Institutions concerned by the contested notices did not use that option. Competition notices cannot be regarded as internal rules. The notices fell within the scope of Regulation No 1 and infringe it because they limit correspondence with EPSO to the three languages mentioned. That is sufficient in itself to justify the 3 notices being annulled, without there being any need to examine whether they give rise to unlawful discrimination on grounds of language.

Candidates are entitled to choose the language in which to draft the application form from any of the official languages and that correspondence from EPSO must also be written in the language chosen by candidates.

The General Court also said in relation to the use of a small number of languages for the competition itself constitutes discrimination on grounds of language. It is clear that such a requirement favours certain potential candidates since they can participate in the competition and be recruited as EU officials, whereas the others who do not have such knowledge are excluded.

According to the General Court, the claim that English, French or German remain the most widely used languages is a vague statement not supported by any specific evidence. In its view the obligation for candidates to choose English, French or German as a second language is not objectively justified or proportionate to the objective pursued by the Commission, namely to recruit officials and agents who are immediately operational.

… an interesting judgment that seems to confirm the existing EU principle that all official languages within the Union are of equal importance, no matter how few speakers they have.

The judgment is not yet available in Greek or English.

 

 

Source: http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-09/cp150107en.pdf


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