compensation parallel to the delayed contract performance173. Demand from the creditor-customer must precede, which in certain cases may be considered unnecessary, since in restaurant contracts performance is usually immediate174. A similar result is achieved with the analogous application of the provisions concerning the work contract and the special right of withdrawal of the contractor175. Due to the continuous character of the contract as analyzed above, it is possible to be considered a contract of precise-time performance since according to its nature and purpose it can be performed within a specific time frame176. If not performed, the substance of performance is useless to the creditor (customer). 8.5.3. Error in Performance (Aliud or Minus) If the seller delivers a completely wrong order to the customer, the latter has the right to accept it instead of the other order177 or by concluding a new contract with another performance tacitly (which means that the old contract has been bilaterally dissolved via actus contrarius) or either by having bilaterally abolished old obligations and creating new ones (novatio)178. 173 See Art. 343 GCC, §§ 286, 276 and §§ 280 I 2, BGB (in German: „Schadenersatz statt der Leistung und Schadenersatz neben der Leistung“, alias „compensation in lieu of performance and compensation in addition to performance“). 174 See Art. 383, 384, 385, 385 GCC, compare §§ 323, 281, 286 BGB, Art. 102, 97 I, 107-108 OR, §§ 918 et seq. ABGB, Art. 1224, 1217 cc, Art. 1453 CC. Compare the position of the traveller in the package travel contract or in case of Art. 13 III-VI of the Directive (EU) 2015/2302 (supra n. 22); or of the hotel-client in the hospitality contract, in case the hotelier (being in default of debtor) is obliged to secure the client`s stay in another hotel at least of the same class and moreover to pay the transfer expenses as well as possible difference in price between theirs hotel and the one the clients are now accommodated (if the above is not possible to be guaranteed the hotelier has the obligation to compensate the client with the price agreed for the whole time he would stay at the hotel), Art. 10 of the Greek “Regulations Concerning The Hoteliers And Their Clients” (ratified by Art. 8 of the Law 1652/1986, Government Gazette, issue A Nr. 167/30.10.1986 and replaced at 01.04.2025); compare the new Art. 4 of “New Regulation on Relations between Tourism Accommodation Providers and their Customers”, supra n. 21. 175 Compare Art. 686 GCC [“if the contractor does not begin timely execution of the work or if, without fault of the employer, delays execution in whole or in part in a manner contrary to the contract and makes timely completion of the work impossible, the employer may withdraw from the contract without waiting for the time of delivery of the work”]. Compare Art. 102-109, 366 OR, §§ 280, 286, 323 BGB, §§ 918 ABGB. Compare Costantin Taliadoros, Greek Civil Code (Translation in English), Athens-Komotini: Ant. N. Sakkoulas, 2000; Demetrios Gogos, Das Zivilgesetzbuch von Griechenland mit dem Einführungsgesetz, Mohr: Tübingen, 1940 (De Gruyter: Berlin, reprint 2016). 176 Cf. Regional Court of Karlsruhe, decision from 12.05.1993, Nr. 1 S 196/92, in Neue Juristische Wochenschrift (NJW) 1994, 947 et seq.; District Court of Hamburg, decision from 10.07.1973, Nr. 20 a C 275/73, in Neue Juristische Wochenschrift (NJW) 1973, 2253 et seq., which awarded compensation for delay to what was impossibility of performance (the main courses were not served until two hours after the scheduled time, although orders were not taken until around half an hour after arriving at the restaurant). 177 Only that in case of doubt it is not to be presumed that they are assuming the obligation in lieu of performance (fulfilment) of contract (datio in solutum, in German: ‘Leistung an Erfüllung statt’); see Art. 419-421 GCC, § 364 BGB, § 1414 ABGB, Art. 68-69 OR. 178 For novation see supra n. 159. 98 APOSTOLOS TASSIKAS
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