GREECE Law and Practice Contributed by: Dimitris Babiniotis, Danae Papadatou and Emmanouil Mavrantonakis, Zepos & Yannopoulos
instance judgment in the merits is issued. The court is at liberty to order any means it deems necessary and appropriate for the case at hand. Judgments ordering provisional measures do not resolve the dispute in a final way and do not form enforcement titles. • Provisional orders – they provide immediate relief until the hearing on provisional measures is held. Depending on the urgency of each case, provision - al orders may even be issued on the same day the application for interim measures is filed. They nor - mally contain little to no reasoning. Under excep - tional circumstances, they may even be granted without the counterparty being summoned. Enforceable Titles Per Article 904 of Greek Code of Civil Procedure (GrCCP), as a general rule, only definitive judgments (see “Relief Sought and Granted”) are enforceable. First-instance judgments may also be enforceable if declared provisionally enforceable by the court. Other enforceable titles are: • arbitral awards; • trial transcripts evidencing settlement reached before the court or determining procedural costs; • notarial deeds; • payment orders or orders for return of use of leased property; • foreign titles declared enforceable; and • any orders and deeds deemed enforceable under law. 2.2 Enforcement of Domestic Judgments Once an enforcement title is obtained, enforcement proceedings may be initiated, in accordance with the provisions of the GrCCP. Types of Claim The enforcement procedure – as well as the means of enforcement – vary depending on the nature of the enforceable claim, as follows. • Non-monetary claims – these concern: (a) the delivery recovery of possession of movable assets or anonymous debt instruments (Articles 941–942 of the GrCCP); (b) the delivery the recovery of possession of im -
movable property (Article 943 of the GrCCP); (c) the performance of an action that can also be performed by a third party (Article 945 of the GrCCP) or an action that can only be performed by the debtor (Article 946 of the GrCCP); (d) the omission or acceptance of a certain act (Article 947 of the GrCCP); (e) the ordering of the debtor to provide a declara - tion of will (Article 949 of the GrCCP); and (f) the delivery or return of a child in matrimony disputes (Article 950 of the GrCCP). • Monetary claims (Articles 951–1054 of the GrCCP) – enforcement is conducted either through sei - zure of the debtor’s assets or through a judgment regarding compulsory administration (Article 1034 of the GrCCP) or personal detention (Article 1047 of the GrCCP). Depending on the material of the enforcement, it is categorised into: (a) seizure (Article 951 (1) of the GrCCP): (i) of the debtor’s movable property in their possession (Articles 953–981 and Articles 1017–1021 of the GrCCP) or in the pos - session of a third party (Articles 982–991 of the GrCCP); (ii) of real property, ships, and aircraft (Articles 992–1016 and Articles 1017–1021 of the GrCCP); and (iii) of special assets (Articles 1022–1033 of the GrCCP); (b) compulsory administration (Article 951 (1) of the GrCCP and Articles 1034–1046 of the GrCCP); and (c) personal detention (Articles 1047–1054 of the GrCCP). Direct-Indirect (Principal) vs Auxiliary Enforcement Enforcement proceedings are further divided into three categories, based on the manner performed and the result they bring about, as follows. • Direct (or physical) enforcement – the claim is sat - isfied directly and with a natural way (eg, through the forcible removal of the movable asset from the debtor’s possession (Article 941 and Article 942 of the GrCCP) or through the forcible removal of the debtor from the property (Article 943 of the GrCCP)).
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