GREECE Law and Practice Contributed by: Vassilios Moussas, Charalampos Kondis, Christina Grigoriadou and Konstantina Margariti, Moussas & Partners
10. Appeal 10.1 Levels of Appeal or Review to a Litigation First instance judgments are subject to appeal before the appellate courts. Single-member court of first instance judgments are contested in the multi-member court of first instance or the single-member court of appeal depending on the nature and value of the dispute in question. Multi-member court of first instance judgments are contested in the three-member court of appeal. Judgments issued by the single- member courts of first instance for minor dis- putes (eg, claims and rights on movable prop- erty with a value not exceeding EUR5,000) are irrevocable and therefore cannot be contested before a higher court. According to the transitional provisions of Law 5134/2024 (article 51), appeals against first instance judgments, issued after 16 Sep- tember 2024, on actions heard before small claims courts are under the jurisdiction of the multi-member courts of first instance. Appeals against first instance judgments issued until 15 September 2024 by small claims courts shall be under the jurisdiction of the single-member courts of first instance. Further to these provi- sions, appeals against first instance judgments of the single-member courts of first instance in non-contentious proceedings are now subject to the jurisdiction of the multi-member courts of first instance. A cassation appeal is possible before the Supreme Court, which examines only the legal correctness of judgments issued by the Greek courts of first and second instance.
10.2 Rules Concerning Appeals of Judgments Parties may appeal a judgment when they are wholly or partially defeated in the first instance and the judgment erred in fact or law. The party who won the first-degree trial may file for an appeal only if it has a lawful interest. Decisions are appealable only to the extent that they are either final or refer the dispute to the competent court. The grounds of an appeal can be either procedural or substantive, or both. Enforcement of a first instance judgment is sus- pended during the period in which it is possible to file an appeal, unless the first instance judg- ment has been declared as temporarily enforce- able against the defeated party. 10.3 Procedure for Taking an Appeal An appeal should be filed within 30 days of the service of first instance judgment to the other party if the party resides in Greece, or within 60 days if the party resides abroad or is of unknown residence. If the first instance judgment is not served, the appeal can be filed within a two-year period from the date the first instance judgment was pub- lished. Once an appeal is filed and a hearing is scheduled, the counterparty has the opportunity to file (and serve) a counter-appeal for – at the latest – 30 days before the hearing date of the initial appeal. Also, the party that filed an appeal may file (and serve) additional appeal grounds – at the latest – 30 days before the hearing date of the appeal. 10.4 Issues Considered by the Appeal Court at an Appeal The subject matter of an appeal concerns errors of the first instance courts on questions of law
514 CHAMBERS.COM
Powered by FlippingBook