GREECE Law and Practice Contributed by: Dimitris Emvalomenos, Bahas, Gramatidis & Partners
such depositions two working days in advance, and is entitled to obtain a copy prior to trial. Non- compliance with the procedural requirements renders the deposition inadmissible. Various procedural requirements in the taking of depo - sitions apply – eg, regarding the total number allowed, which is up to three per litigant and up to two for rebutting the opponent’s depositions (Articles 421–424 of the GCCP). 2.9 Burden of Proof in Product Liability Cases In civil litigation, including product liability claims, and under ordinary proceedings, a claim must be fully proven by the litigant raising it, who thus bears the burden of proof, unless it is reversed by law or case law (see 2.1 Product Liability Causes of Action and Sources of Law ). Excep - tionally, such as in injunctive proceedings, the standard of proof may be lower and based “on the balance of probabilities” (Articles 347, 690 of the GCCP). 2.10 Courts in Which Product Liability Claims Are Brought Private law disputes, including product liability cases, are tried by civil courts and by one to three judges, and thus not by a jury, depend - ing on the amount involved in the dispute. As a rule, one-member first-instance courts are com - petent to try claims valued up to EUR250,000; and three-member first-instance courts, claims exceeding EUR250,000 (Articles 14 and 18 of the GCCP). Following the unification of the first instance judicial level within an overall restruc - turing of courts’ territorial and subject matter competence by Law 5108/2024, as in force, the ex-justices of the peace (previously competent to try claims up to EUR20,000) have been or will be either abolished or absorbed by the first- instance courts as from (i) 16 September 2024
or (ii) 16 September 2026 especially regarding the judicial areas of Athens, Piraeus and Poros. In particular, representative actions are subject to the exclusive competence of the three-mem - ber first instance courts (Article 10l, paragraph 1 of Law 2251; see also 2.16 Existence of Class Actions, Representative Proceedings or Co- Ordinated Proceedings in Product Liability Claims ). 2.11 Appeal Mechanisms for Product Liability Claims Every definite court decision, including one on a product liability case, issued by a first instance court may be contested before an appellate court. An appeal can be filed not only by the defeated litigant but also by the successful liti - gant whose allegations were partially accepted by the court. The appeal timeframe is 30 days for appellants residing in Greece and 60 days for those residing abroad or being of an unknown residence; the time period starts from the service of the definite decision. If the first instance deci - sion is not served by a litigant on the other(s), the appeal timeframe is two years from the issue of the same (Article 518 of the GCCP). Further, a cassation before the supreme court may be filed against an appellate court decision under restrictions and for specified reasons. The timeframe is similar to that for appeals as above (Article 552 ff. of the GCCP). 2.12 Defences to Product Liability Claims As far as defence is concerned, manufacturers may be relieved from liability if they prove that: • they did not place the product on the market; • when they manufactured the product, they had no intention of putting it into circulation;
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