GREECE Law and Practice Contributed by: Dimitris Emvalomenos, Bahas, Gramatidis & Partners
claims; among them, the author may note the disputes litigated under the ordinary proceed - ings and falling within the competence of either the first instance single-member civil courts, if valued above EUR30,000, or the first-instance multi-member civil courts, of any amount. Such cases are admissible for hearing only if an initial mandatory mediation session takes place and is verified by relevant minutes (Articles 6 and 7 of Law 4640/2019). 2.6 Rules for Preservation of Evidence in Product Liability Claims Preservation of evidence, including the product itself in product liability cases, is possible either when all litigants agree or, as a rule, when there is a risk that a specific means of evidence will be lost or could deteriorate in future, or if the status of an object in dispute needs to be determined immediately. This requires the filing of a petition to the court even before the trial commences, the court being the main trial court or, exception - ally, any other court that can make an immediate decision in the case of an imminent risk. Simpli - fied injunction proceedings apply to the petition at issue. Should the court accept the petition for preservatory evidence, it orders details such as the time frame for conclusion of the evidential procedure. The court of the main trial must take into account the preservatory evidence con - ducted as above, irrespective of whether the risk occurred or not (Articles 348–351 and 686 ff. of the GCCP). 2.7 Rules for Disclosure of Documents in Product Liability Cases In general, there are no rules of discovery in judicial proceedings. The litigants disclose any evidence supporting their case, per their discre - tion, by filing their submissions at the specified time, depending on the court and proceeding type. Evidential means are specified, and their
admissibility is subject to restrictions (Articles 335 ff. of the GCCP). The general principles of good faith, bonos mores and honest conduct apply (in particular, Articles 116 and 450 of the GCCP). The litigants may request that the court order the disclosure of documents in the pos - session of their opponents or a third party under certain conditions (Articles 450 ff. of the GCCP and 901–903 of the GCC). 2.8 Rules for Expert Evidence in Product Liability Cases Expert evidence is generally regulated and also covers product liability cases. If a court finds that the issues to be proven require special scientific qualifications, it may appoint one or more court experts, describing their task and the timeframe for the expert report and adjourning the hearing for that purpose (Arti - cles 368–392 of the GCCP). The experts obtain knowledge of the case file regarding the techni - cal issues for which they were appointed and/ or may request clarifications from the litigants or third parties. In this case, each litigant is enti - tled to appoint a technical adviser who submits their opinion and raises relevant questions to the court-appointed expert. The opinion of the court-appointed expert is not binding on the court. Additionally, the litigants may submit to the court an unlimited number of expert/technical reports supporting their allegations. The reports of liti - gant-appointed experts are of lesser evidentiary value than those of the court-appointed experts. Factual or expert witnesses appointed by the litigants may give sworn depositions before a notary public, a lawyer (although not the litigant’s lawyer) or, if outside Greece, a Greek consular authority. The opponent must be summoned to
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