GREECE Law and Practice Contributed by: John Kyriakides, Vicky Kriketou, Angeliki Stryftou and Konstantinos Lygkonis, Kyriakides Georgopoulos Law Firm
1.4 Legal Representation in Court Representation before Greek civil courts is governed by the Greek Lawyers’ Code (Law 4194/2013) and the Code of Civil Procedure, under which only lawyers qualified and registered with a Greek Bar Association may appear in court, with rights of audience increas- ing according to their seniority; legal representation is generally mandatory in civil matters. EU-qualified lawyers may provide services in cooperation with a Greek lawyer, while non-EU lawyers have no rights of audience and may only advise on their domestic law through Greek counsel. There are no specific legislative provisions that either permit or prohibit third-party litigation funding under Greek law. In practice, certain insurance provid- ers offer legal expenses coverage that may include the costs of litigation or representation. Additionally, lawyers may, in some cases, undertake matters on a success fee basis (see 2.6 Contingency Fees ) and assume responsibility for funding litigation expenses. 2.2 Third-Party Funding: Lawsuits 2. Litigation Funding 2.1 Third-Party Litigation Funding Since Greek law does not regulate third-party litigation funding, there are no express limitations on the types of lawsuits that may, in principle, be funded. 2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding, in the ways described under 2.1 Third-Party Litigation Funding , could be provided to either party, with no distinction between plaintiffs and defendants. 2.4 Minimum and Maximum Amounts of Third-Party Funding The amount to be funded, in the ways described under 2.1 Third-Party Litigation Funding , is limited to the litigation expenses, is not subject to any legal minimum or maximum, and would depend on the terms agreed between the parties.
2.5 Types of Costs Considered Under Third- Party Funding The costs that may be funded typically include legal fees, court and bailiff expenses, expert witness and translation fees, and other procedural costs arising in the course of litigation. 2.6 Contingency Fees Contingency fees are permissible, provided the agree- ment is executed in writing and duly filed with the competent Bar Association. The fee may not exceed 20% of the case’s value, or 30% where multiple law- yers are engaged, and may be paid out of the pro- ceeds of the litigation or, alternatively, from the client’s assets. 2.7 Time Limit for Obtaining Third-Party Funding There are no prescribed time limits for a party to obtain third-party funding, in the ways described under 2.1 Third-Party Litigation Funding , and such arrange- ments may be made at any stage of the proceedings. Before initiating legal proceedings in Greece, parties are generally expected to undertake certain pre-action steps, particularly regarding mediation and, in some cases, extrajudicial notices. Under the Greek Code of Civil Procedure and Law 4640/2019, the claimant’s lawyer must inform the claimant of the possibility of resolving the dispute through mediation and submit a brief mediation information statement to the court. Failure to comply may result in dismissal of the claim or fines. Additionally, claimants often serve pre-litiga- tion notices to encourage amicable settlement. While defendants are not formally obliged to respond, non- engagement may affect procedural considerations or settlement opportunities. 3.2 Statutes of Limitations Under the Greek Civil Code, most civil claims are sub- ject to a five-year statute of limitations, while claims not specifically listed are generally subject to a twen- ty-year period. The limitation period begins when the 3. Initiating a Lawsuit 3.1 Rules on Pre-Action Conduct
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