The Legal Nature of Hotel Management Agreements under National and EU Law

Hotel management agreements (HMAs) have emerged as a significant contractual model within the hospitality sector in Greece and across the European Union. Often characterized as atypical or innominate contracts, HMAs integrate diverse legal elements from traditional civil-law agreements such as leases, mandates, and service contracts. Their hybrid and composite structure poses significant challenges for their legal classification under existing Greek civil law, leading to considerable ambiguity regarding applicable rules, rights, and obligations of the involved parties. This uncertainty has prompted reliance on judicial interpretations and scholarly analysis to clarify these issues in practice. Furthermore, the absence of dedicated statutory provisions exacerbates the complexity surrounding HMAs, creating potential for disputes and market inefficiencies. At the EU level, while there is no specific regulatory framework addressing HMAs directly, overarching principles such as the freedom of establishment and EU competition law shape their interpretation and cross-border applicability. This paper critically examines both Greek national jurisprudence and relevant EU legal influences, arguing for enhanced regulatory recognition and a clearer legislative framework to govern HMAs. Such developments could substantially improve contractual certainty, mitigate disputes, and support sustainable growth within the European hospitality industry.