GREECE Law and Practice Contributed by: Vassilios Moussas, Charalampos Kondis, Christina Grigoriadou and Konstantina Margariti, Moussas & Partners
10.6 Powers of the Appellate Court After an Appeal Hearing The appellate court will examine the admissibil- ity of the appeal, assess its grounds, and – if it finds them admissible and sound – shall retain the case and decide on its merits. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation As per the established court practice, if there is one defendant and they lose the case, the court is likely to order the latter to pay: • attorneys’ fees (amounting to approximately 2% of the amount claimed in the case); and • any other court expenses, such as: (a) stamp duty; (b) judicial stamp (amounting to 8% or 4% of the amount claimed, depending on the type of the case); (c) translation costs; (d) court bailiff costs; and/or (e) other expenses paid by the claimant for the preparation of the claim and/or the production of exhibits. If there are multiple defendants and they lose the case, the court may either order them to pay an equal share of the claimant’s aforementioned attorney and court fees or allocate them to the defendants proportionally, according to their lia- bility. Furthermore, the court may distribute the attorney and court expenses between the par- ties, if the interpretation of the rules applied was deemed to be particularly difficult. By virtue of an amendment to the GCCP, the court may also distribute the expenses between the parties if – following assessment of the circumstances of
and/or fact. A cassation appeal to the Supreme Court may only be made based on questions of law. A re-hearing of the first instance judgment is only mandatory if one of parties was not present at the hearing before the court of first instance. The appellate court will only examine the admis- sibility and soundness of the grounds that are presented in the appeal, and not the first instance judgment as a whole. New points, which have not been explored at first instance, cannot be raised at an appeal unless they: • are raised by any litigant as a defence to the appeal, and the grounds of the claim or join- der is not modified; • are raised by a person who joined during sec- ond instance proceedings yet is a necessary co-litigant of the initial litigant; • arose after the first instance proceedings; • are taken into consideration by the court ex officio or can be raised at any stage of the trial; • were not raised at the time of the pleadings or the supplementary pleadings for reasons that the court considers justifiable (including objections to an abuse of the right to litigate); or • are proven in writing or through an in-court confession by the counterparty. 10.5 Court-Imposed Conditions on Granting an Appeal The court cannot impose any conditions on granting an appeal.
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