GREECE Law and Practice Contributed by: Vassilios Moussas, Charalampos Kondis, Christina Grigoriadou and Konstantina Margariti, Moussas & Partners
by Law 5095/2024 certain tasks and proceed- ings, previously taking place through the judicial authorities, have now been assigned to lawyers (eg, issuance of a certificate of inheritance right “ klironomitirio ”, procedure for the registration and removal of a consensual mortgage notice). The legal process in criminal courts is principally oral, whereas in administrative courts the rule is that submissions must always be written but may also be presented orally, particularly in the Supreme Court. 1.2 Court System Greece has a tripartite judicial structure com- prised of civil, criminal and administrative courts. These operate at a national level with different territorial jurisdictions; no federal courts exist in Greece. Territorial competence is established on the basis of the location of the residence of the defendant, where the disputed legal act was contracted, the location of the disputed immov- able property, etc. Court Hierarchy As of 16 September 2024, the GCCP provides for two types of civil courts of first instance. Single-member courts of first instance have jurisdiction over disputes whose value does not exceed the amount of EUR250,000, and – in exceptional cases – over certain disputes regardless of the amount, depending on their nature (indicatively, labour and family law dis- putes). Multi-member courts of first instance comprise three judges and have jurisdiction over disputes for which the single-member courts of first instance are not competent (ie, if the value of the
dispute exceeds EUR250,000). In certain cases, these courts also serve as appellate courts for judgments issued by the single-member courts of first instance. In the second instance, the multi-member courts of first instance review decisions of the single-member courts of first instance depending on the nature and value of the dispute in question. Single-member courts of appeal (each consisting of one appellate judge) also review decisions of the single-member courts of first instance under the cases provided for in the GCCP (eg, in cases where the multi- member court of first instance is not competent as an appellate court). Three-member courts of appeal (each consisting of three appellate judg- es) review decisions of the multi-member courts of first instance. The Supreme Court is the supreme court of the civil and criminal arm of the judiciary. It reviews appellate court decisions only on the basis of questions of law. Civil, Administrative and Criminal Jurisdiction Although no specialised civil courts exist, certain categories of general areas of law (eg, labour, commercial, IP and matrimonial disputes) are assigned to specific civil court dockets. The possibility of assigning matters regulated by a specific legal framework (eg, banking, finance, capital markets, energy or telecommunications disputes) is under consideration. All shipping cases are tried by the special maritime courts in Piraeus, which is a major international maritime hub. Administrative courts are subdivided into admin- istrative courts of first instance, administrative courts of appeal, and the Council of State, which is the highest court of the administrative arm of justice. If the Supreme Court and the Council of State reach divergent rulings on constitutional
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