ENFORCEMENT OF FOREIGN JUDGMENTS ON COMMERCIAL MATTERS IN GREECE

Get Your Money: A No-Nonsense Guide to Enforcing Foreign Judgments in Greece

Winning your case abroad was the easy part. Here’s the reality check on actually collecting your debt.

TL;DR

Enforcing a foreign commercial judgment in Greece is not a single process; it’s a maze with three distinct paths determined by the judgment’s country of origin. Judgments from EU and specific treaty countries are fast-tracked. All others face a grueling recognition process in Greek courts, where they are scrutinized with a scalpel. Before you do anything, a reality check is non-negotiable: confirm the debtor has assets worth chasing.

A court victory abroad is just expensive wallpaper until you can convert it into cash. The Greek system can be a fortress of bureaucracy, designed to frustrate and delay. But for every wall, there is a gate. You just need the right key and a map that cuts through the political noise and procedural somersaults.

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Key Takeaways

1. Origin is Everything: Where the judgment was issued dictates the entire enforcement process. An EU verdict is not the same as one from China.
2. The Three Paths: Your case will follow one of three routes: the Treaty Highway (e.g., USA), the EU Express (most EU members), or the Bureaucratic Swamp (everyone else).
3. Asset Tracing First: Do not spend a single euro on enforcement until you have confirmed the debtor has seizable assets in Greece. A judgment against an empty shell is a pyrrhic victory.
4. “Public Order” is the Veto: For non-EU/non-treaty judgments, the Greek courts can reject enforcement if the ruling offends local “public order”—a vague but powerful tool for obstruction.

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## Step Zero: Don’t Chase Ghosts

Before diving into legal proceedings, the first step is a brutal reality check. There is zero point in pursuing enforcement if the debtor has no assets. This is the absolute prerequisite.

We must surgically ascertain:

• What assets does the debtor possess? (Real estate, bank accounts, equipment, shares)
• What is their estimated value?
• What is the probability of a full or partial recovery?
• How long will the process take and what are the associated costs?

Chasing an insolvent debtor is a fool’s errand. We deal with data, not hope.

## The Crucial Question: Where Was Your Judgment Issued?

Greek law doesn’t treat all foreign judgments equally. The origin of your court order determines whether you are on a modern highway or a winding dirt road. This is the most critical factor.

### Path 1: The Fast Lane – Bilateral Treaties

If your judgment originates from a country with which Greece has a specific enforcement treaty—such as the USA, Germany, or Ukraine—you are in the strongest position. These treaties are designed to slice through red tape.

• Mechanism: These international treaties prevail over both EU and Greek domestic law, as per Article 28 of the Greek Constitution.
• Process: There is no need for recognition by a Greek court. The process is direct and swift.
  1. The foreign judgment, bearing the Hague Apostille, is served to the debtor.
  2. An executory mandate is attached, demanding voluntary compliance.
  3. The debtor has three working days to pay. If they fail, compulsory enforcement measures begin immediately.

This is the cleanest, most efficient path. It is a surgical strike.

### Path 2: The EU Express – Regulation 1215/2012

Judgments from any EU member state (with the exception of Denmark) are enforced under the EU Regulation No. 1215/2012. The principle is simple: a judgment enforceable in one member state is enforceable in all.

• Mechanism: The judgment is treated “as is,” without any special recognition procedure. This is the core of the EU’s single market for justice.
• The Debtor’s Last Stand: A debtor can file an objection, but their grounds are extremely limited. They cannot re-argue the substance of the case. Their only hope is to prove a narrow procedural flaw, such as:
  • The judgment is irreconcilable with an earlier, recognized judgment.
  • The judgment violates exclusive jurisdiction rules under the Regulation.
    These are the last-ditch legal somersaults of a cornered debtor, and they are typically easy to dismantle with proper evidence.
• Process: You serve the debtor with the original judgment (or a certified copy), a standard certificate from Article 53 of the Regulation, and official translations. After three working days, enforcement can commence.
• Critical Exception: This regulation does not apply to bankruptcy rulings. Those judgments are thrown back into the complexities of domestic Greek law.

### Path 3: The Hard Road – Full Recognition by Greek Courts

If your judgment comes from a country not covered by a treaty or the EU Regulation (e.g., China, Russia, the UK post-Brexit), you must prepare for a formal battle in a Greek court. Your judgment has no legal force until a Greek judge declares it enforceable.

This is a two-stage examination process.

#### Stage 1: Basic Requirements for Any Foreign Title

First, the foreign title (be it a court order, arbitral award, or notarial act) must satisfy two fundamental conditions:

• It must be enforceable in the country where it was issued.
• It must not violate Greek public order or boni mores (good morals). This is a notoriously vague and subjective standard that can be used to block judgments deemed incompatible with Greece’s core legal and social principles.

#### Stage 2: Additional Scrutiny for Court Judgments

If the foreign title is a court judgment, it must survive three additional tests with a scalpel, as laid out in the Greek Code of Civil Procedure (Article 323):

1. Proper Jurisdiction: The foreign court must have been competent to hear the case according to Greek conflict-of-law rules.
2. Right to a Fair Trial: The losing party must not have been deprived of their right to be heard and participate in the trial. “Gotcha” judgments are rejected.
3. No Contradiction: The judgment cannot be irreconcilable with a prior judgment from a Greek court between the same parties on the same issue.

Only after clearing all these hurdles will the Greek court grant an exequatur (a declaration of enforceability).

## The Endgame: Seizing Assets

Once your foreign judgment has been declared enforceable—whether through the streamlined treaty/EU paths or the grueling court recognition process—it becomes a domestic Greek judgment.

From this point on, the procedure is standardized. We can deploy the full arsenal of domestic enforcement measures, including:

• Foreclosure and auction of real estate.
• Seizure of bank accounts.
• Confiscation of movable property (vehicles, equipment).

This is the final objective: converting your legal victory into tangible assets.

## Stop Wasting Time. Secure Your Claim.

You have a valid judgment. Don’t let it expire in a bureaucratic purgatory of procedural tricks and intentional delays. The law provides clear pathways to enforcement, but navigating them requires precision and a refusal to tolerate nonsense.

Contact us to cut through the red tape and enforce what is rightfully yours.