GREECE Law and Practice Contributed by: Dimitris Babiniotis, Danae Papadatou and Emmanouil Mavrantonakis, Zepos & Yannopoulos
• enforcement-related litigation (in the event that the debtor challenges the validity of the enforcement order or of the imposed enforcement measures). Costs incurred due to the creditor’s excessive dili - gence or own fault in seeking to enforce its claim(s) are not recoverable. Timing Considerations The duration of enforcement proceedings varies sig - nificantly depending on the specifics of each case, such as the type of enforcement and any objections raised by the debtor. By way of example, enforce - ment for the recovery of real property possession may be completed within a single business day, whereas enforcement of a monetary claim typically spans sev - eral months – from the initial attachment to the auction of the seized asset. Real property may be auctioned no earlier than seven months and no later than eight months from the date of seizure. If the debtor files an objection against the enforcement measures and obtains a stay of enforcement, the pro - ceedings remain suspended until a first-instance judg - ment is issued on the objection. Owing to the heavy backlog in Greek courts, such objections often take years to be heard – for example, an objection filed in 2025 may not be scheduled for hearing until 2035. Attachment of Debtor’s Assets Held by Third Parties The most time- and cost-efficient method of enforcing a monetary claim (see 2.2 Enforcement of Domestic Judgments ) is through the attachment of the debtor’s assets held by third parties. In essence, the creditor targets claims the debtor may have against third par - ties – most commonly Greek banks – and seizes them directly (see also 1.1 Options to Identify Another Par- ty’s Asset Position (Financial Institutions)). To that end, the creditor serves the enforcement title and an attachment notice upon the third party through a court bailiff. Once served, the third party is required to file a declaration with the competent court of first instance, stating whether the debtor has any claims against it – in the case of banks, whether the debt - or maintains accounts, the exact balance, and any encumbrances thereon. If such claims are seized, they
are automatically transferred to the creditor by opera - tion of law.
2.4 Post-Judgment Procedures for Determining Defendants’ Assets
Please refer to the analysis in 1.1 Options to Identify Another Party’s Asset Position (Financial Institutions) in conjunction with 2.3 Costs and Time Taken to Enforce Domestic Judgments (Attachment of Debt - or’s Assets Held by Third Parties) and 1.1 Options to Identify Another Party’s Asset Position (Litigation Proceedings for Identifying Assets). 2.5 Challenging Enforcement of Domestic Judgments Please refer to the analysis in 2.3 Costs and Time Taken to Enforce Domestic Judgments (Timing Con - siderations). Objections Against Enforcement Actions Per Articles 933–937 of the GrCCP, a debtor subject to enforcement proceedings in Greece may challenge the validity of the enforcement measures and seek their annulment. Such objections may relate either to the validity of the enforcement title itself or to defects in the enforcement process — for example, irregulari - ties in the service of the enforcement order. Process for filing objections Objections are filed with the locally competent court of first instance (Article 933 (1) of the GrCCP). Such objections must contain at least one ground for chal - lenge. Additional grounds can be brought forward through a subsequent court document, which must be filed and served upon the counterparty at least eight calendar days before the hearing (Article 933 (3) of the GrCCP). According to the law (Article 933 (2) of the GrCCP), the hearing must be scheduled within 60 days from filing of the objection. This provision is never observed in practice (see 2.3 Costs and Time Taken to Enforce Domestic Judgments (Timing Con - siderations)). Deadlines In cases of indirect enforcement (see 2.2 Enforcement of Domestic Judgments (Direct-Indirect (Principal) Versus Auxiliary Enforcement)), the objection must be filed within 45 calendar days from the imposition
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