GREECE Law and Practice Contributed by: John Kyriakides, Vicky Kriketou, Angeliki Stryftou and Konstantinos Lygkonis, Kyriakides Georgopoulos Law Firm
Kyriakides Georgopoulos Law Firm 28 Dim. Soutsou St Mavili Square
Athens 115 21 Greece Tel: +30 2108171500
Fax: +30 210 685 6657 8 Email: kg.law@kglawfirm.gr Web: www.kglawfirm
1. General 1.1 General Characteristics of the Legal System Greece follows a civil law system based on codified legislation, blending elements of both inquisitorial and adversarial models. While parties are primarily responsible for presenting claims, evidence, and argu- ments, judges actively manage proceedings, examine evidence, and question witnesses to ensure fairness and thorough fact-finding. Litigation relies mainly on written submissions, though oral hearings occur in certain cases to allow argumentation and witness or expert examination. The system is further shaped by constitutional guarantees, EU regulations, and inter- national treaties, providing a structured and predict- able framework for resolving domestic and cross- border disputes. 1.2 Court System The Greek judicial system has two main tiers: First Instance Courts and Courts of Appeal. First Instance Courts include Single-Member Courts for cases up to EUR250,000 or specific disputes, and Multi-Member Courts for higher-value or complex matters. Courts of Appeal review both facts and law, while the Supreme Court exercises cassation jurisdiction, addressing legal questions only. Major cities feature specialised dockets for commercial, family, property, intellectual property, and bankruptcy cases, with Piraeus main- taining a historic maritime docket. Civil proceedings follow a structured sequence:
• cases begin with the filing of a writ and service on the defendant (30 days for domestic, 60 days for foreign or unknown defendants); • certain disputes require mandatory mediation; • parties submit briefs and supporting evidence within prescribed deadlines, including rebuttals; and • hearings are scheduled after the written stage, typically eight to 12 months later, usually without oral advocacy, though some cases allow it; courts generally aim to issue judgments within eight months, with service triggering appeal timelines. Certain matters, such as family or labour disputes, follow accelerated procedures with oral hearings. 1.3 Court Filings and Proceedings In Greece, civil hearings are in principal open to the public, but court filings and case files remain confi- dential. Access to pleadings and evidence is limited to the parties and their lawyers, while third parties may gain access only with court authorisation and a legitimate interest. Courts may exclude the public from a hearing to pro- tect personal data, public order, or the interests of minors. They may also restrict access to documents containing sensitive personal information or trade secrets. These safeguards operate alongside GDPR obligations and Greek Law 4624/2019. Family law proceedings, such as custody and divorce cases, are typically subject to heightened confidentiality, limiting public attendance and access to court filings.
377 CHAMBERS.COM
Powered by FlippingBook