GREECE Law and Practice Contributed by: Vassilios Moussas, Charalampos Kondis, Christina Grigoriadou and Konstantina Margariti, Moussas & Partners
copy ( apografo ). In cases of seizure, a notary is designated where the seizure will take place. Enforcement proceedings have been expedited via: • the simplification of execution proceedings (Law 4335/2015); • the consolidation of the judicial review proce- dure (Law 4472/2017); and • the introduction of electronic auctions (Law 4512/2018). The following are among the special laws that, while taking into account the nature and spe- cific features of the creditor, mandate specific provisions for the enforcement of domestic judg- ments: • the Code of Collecting Public Revenue (Leg- islative Decree 356/1974), which applies in cases where the Greek state is the creditor/ claimant; and • the Legislative Decree of 17 July 1923, which applies when the creditor/claimant is either: (a) a bank operating in Greece; or (b) a corporation (whether a Greek société anonyme or a foreign company) that has acquired a special licence from the Greek state. 9.5 Enforcement of a Judgment From a Foreign Country The procedures for the recognition and enforce- ment of foreign judgments in Greece depend on where such judgments were issued, and may be effected under: • EU laws and regulations, where the judgment has been issued from another member state; • international (multilateral or bilateral) treaties between Greece and non-EU countries; or
• the GCCP governing the recognition and enforcement of foreign judgments in Greece. Where EU regulations or international treaties are applicable, they supersede the GCCP. A foreign judgment can be enforced in Greece after it has been declared enforceable by a judgment of the single-member court of first instance. Its territorial jurisdiction will derive from the domicile of the debtor or, if there is no domicile, the residence of the debtor. If there is no residence, the Athens Single-Member Court of First Instance will have jurisdiction. A foreign judgment will be declared enforceable provided that it is enforceable pursuant to the law of the country where it was issued and is not contrary to the principles of bonos mores or public order in Greece. In addition, a Greek court will refuse to declare a foreign judgment enforceable where: • the foreign judgment was issued by a court that lacked jurisdiction; • the defeated party was not afforded a fair trial or was denied the right to participate in the court proceedings – unless such deprivation was effected pursuant to a legal provision applicable to the citizens of the country in which the foreign court sits, as well as for- eigners in that country; • the foreign decision conflicts with a Greek court’s decision on the same case and is res judicata for the parties involved in the pro- ceedings; or • the foreign judgment violates the principles of bonos mores and the public order in Greece.
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