ENFORCEMENT OF FOREIGN JUDGMENTS ON COMMERCIAL MATTERS IN GREECE
As we emphasize primarily in the enforcement of commercial judgments in Greece, we have had the opportunity to assist clients in cases ranging from debt collection due to breach of contract.
Enforcing judgments can be a complex and lengthy process, especially when it comes to commercial disputes. This is where our expertise comes in with all the practical steps necessary to successfully enforce commercial judgments.
Clients often come to us for advice because although they won their case in court, still they do not know how to proceed with respect to the recovery of compensation. We work closely with our clients to develop an individualized strategy taking into account the specific circumstances of their case and the legal options available to them under Greek law.
In addition to our legal knowledge, we prioritize clear and effective communication with clients. Legal jargon and complex procedures can be overwhelming, so we try to keep our clients informed and involved at every step of the way.
W are passionate about using our legal skills to help our clients achieve their goals and protect their interests. If you are facing difficulties in executing a commercial judgment in Greece, we would be happy to discuss your options and how we can help you. Please feel free to contact us to discuss your case.
In order to provide you with the exact and relevant information on the topic we have to follow the Guideline below :
Α.– Before entering the stage of enforcement proceedings there is an obvious necessity to ascertain whether the debtor has any assets, of what type, what is the estimate value of them, the costs to be incurred, the probability of recovering the debt in whole or in part as well as the length of time necessary up to the final collection.
Β.– First of all, we should distinguish as to the place where the Judgment was rendered because this is the most crucial issue in order to ascertain the applicable (enforcement) law pursuant to Conflict of Laws regarding the foreign Judgment in question.
1.- Judgments which were rendered in countries with which Greece is a signatory party in a bilateral or multilateral treaty for enforcement of judgments are inter alia U.S.A, Germany, Ukraine.
Such judgments are enforceable pursuant to the conditions of the specific Treaty in force as such Treaties prevail over both the EU Law and the Greek Law as well (pursuant to article 28 of the Greek Constitution and article 905 of the Greek Civil Procedure Code). Almost all of such treaties provide for the immediate enforcement in Greece of the judgments rendered in such foreign countries -provided they bear the Hague Apostille on them- thus avoiding any kind of their recognition by the Greek Courts. Consequently, in such cases the enforcement procedure starts with the service of the Judgment to the debtor (along with an executory mandate) calling him to comply voluntarily otherwise the enforcement will start immediately after the lapse of three working days from the date of service.
2.- Judgments which were rendered in the EU-area.
Judgments rendered in any EU country (except Denmark) are enforceable in Greece pursuant to the Regulation of the European Parliament and the Council No. 1215/2012 Regulation “On jurisdiction and the recognition and enforcement of judgments in civil and commercial matters” (the “EU Enforcement Regulation”).
Pursuant to Article 39 of the EU Enforcement Regulation any judgment and/or Court order relating to commercial (and civil) matters rendered in a member state of the EU which is enforceable in that member state shall be enforceable in any other member state (except Denmark) as is.
Exception: Please note that judgments rendering a debtor bankrupt issued in any EU member state are precluded from the EU Enforcement Regulation to be enforced based on such a Regulation into another EU member country in which case the Greek enforcement law is applicable!
Note: When we start the court proceedings in oρder to have an EU country judgment enforced in Greece as is and after we dunned the debtor , we will have to defend our case versus his objection to obstruct the enforcement proceedings by providing the One Member First Instance Greek court with the following written evidence. We have to prove that the following requirements are met by the judgment to be enforced:
a.- Τhat the judgment to be enforced is NOT irreconcilable with an earlier judgment given in any other EU state or in a third state involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in Greece;
OR
b.- That the judgment to be enforced is not in conflict with the provisions of the EU Enforcement Regulation with regard to special and exclusive jurisdictions
Such requirements are in addition to the requirements described below under section 3.-
Please Note that the said EU Enforcement Regulation prevails over the Greek Enforcement Law as well (pursuant to Article 28 of the Greek Constitution article 905 of the Greek Civil Procedure Code)
When we enforce based on the Regulation the enforcement proceedings start with service of the Original Judgment (or a duly authenticated copy) to the debtor along with a special Court Declaration (article 53 of the Regulation) along with official translations of both documents plus the executory mandate calling the debtor to comply voluntarily otherwise the enforcement will start immediately after the lapse of three working days.
3.- All other judgments (to wit judgments which were rendered in states other than the ones with which Greece is a signatory party in a bilateral or multilateral agreement as well as judgments which fall out of the EU Enforcement Regulation provisions).
In such a case a foreign title (to wit a court order, a decree, a notarial act, an award) has to be declared enforceable by the Greek courts
only :
A] Ιf it is enforceable according to the law of the state of issuance; and
B] If it does not violate the Public Order and/or Boni Mores as such are perceived in Greece.
However, in case that the foreign title is a court judgment there are additional requirement to the just mentioned above which are prescribed by the Greek Civil Procedure Code (article 323 secs. 2-50), to wit :
a.- The foreign court that issued the judgment must be competent to judge on the case pursuant to the provisions of Greek Conflict of Laws;
b.- The losing party-debtor was not deprived of the right to a fair trial, to wit the losing party was not deprived of the right to be heard and participate in the trial unless that such a restriction applies to the subjects of the state to which the tribunal rendering the judgment belongs as well;
and
c.- There is no irreconcilable judgments of Greek courts between the same parties on the same matter.
4.- Further procedure of all judgments above.
We Conclude that only judgments falling under section 3.- above need to pass the declaration of enforceability process while the judgments under section 2.- above are enforced as is and judgments under section 1.- are enforced pursuant to the provisions of the relative Treaty.
After that stage all such judgments are enforced exactly in the same way like the domestic national judgments with the most common measures being the foreclosure and auction of the debtor’s property especially of his real estate property.
In order to provide you with the exact and relevant information on the topic we have to follow the guideline as follows:
Α.– Before entering the stage of enforcement proceedings there is an obvious necessity to ascertain whether the debtor has any assets, of what type, what is the estimate value of them, the costs to be incurred (see at the end of the article) the probability of recovering the debt in whole or in part as well as the length of time needed up to the final collection.
Β.– First of all, we should distinguish as to the place where the Judgment was rendered because this is the most crucial issue in order to ascertain the applicable (enforcement) law for the enforcement of the foreign judgment in question.
1.- Judgments which were rendered in countries with which Greece has signed a bilateral or multilateral treaty for enforcement of judgments (inter alia U.S.A, Germany, Ukraine).
Such judgments are enforceable pursuant to the conditions of the specific Treaty in force as such Treaties prevail over both to the EU Law and the Greek Law as well (pursuant to article 28 of the Greek Constitution and article 905 of the Greek Civil Procedure Code). Almost all of such treaties provide for immediate enforcement of the judgments rendered in foreign countries thus avoiding any other recognition by the Greek Court. The ramification of such an application of treaties is that the enforcement procedure starts with service of the Judgment to the debtor along with an executory mandate) calling him to comply voluntarily otherwise the enforcement will start immediately after the lapse of three working days.
2.- Judgments which were rendered in the EU-area.
Such judgments rendered in any EU country (except Denmark) are enforceable in Greece pursuant to the Regulation of the European Parliament and the Council No. 1215/2012 “On jurisdiction and the recognition and enforcement of judgments in civil and commercial matters” (the “EU Enforcement Regulation”).
Pursuant to Article 39 of the EU Enforcement Regulation including any judgment and/or order relating to commercial (and civil) matters rendered in a member state of the EU which is enforceable in that member state shall be enforceable in any other member state (except Denmark) as is.
Exception: Please note that judgments rendering a debtor bankrupt issued in any EU member state are precluded from the EU Enforcement Regulation to be enforced based on such a Regulation into another EU member country in which case the Greek enforcement law is inapplicable!
Note: When we start the procedure to have an EU country judgment enforced in Greece as is and after the debtor is dunned, we will have to defend our case versus his petition to obstruct the enforcement proceedings by providing the Greek Court (which is the One Member Fist Instance court) with the following written evidence proving that the following requirements are met by the judgment to be enforced:
Τhat the judgment to be enforced is irreconcilable with an earlier judgment given in another EU state or in a third state involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in Greece; or
That the judgment to be enforced conflicts does not with the provisions of the EU Enforcement Regulation with regard to special and exclusive jurisdictions
Such requirements are in addition to the requirements described below under section 3.-
The said EU Enforcement Regulation prevail over the Greek Enforcement Law as well (pursuant to Article 28 of the Greek Constitution article 905 of the Greek Civil Procedure Code)
The ramification of such an application of the said Regulation is after the that the enforcement procedure start with service of the Original Judgment (or a duly authenticated copy) to the debtor along with a special Court Declaration (article 53 of the Regulation) along with official translations of both plus the executory mandate calling the debtor to comply voluntarily otherwise the enforcement will start immediately after the lapse of three working days.
3.- All other judgments (to wit judgments which were rendered in states other than the ones with which Greece has a bilateral or multilateral agreement as well as judgments which fall out of the EU Enforcement Regulation provisions).
In such a case a foreign title (to wit a court order, a decree, a notarial act, an award) has to be declared enforceable by the Greek courts only
A] if it is enforceable according to the law of the state of issuance; and B] If it does not violate the Public Order and/or Boni Mores as such are perceived in Greece.
However, in case that the foreign title is a court judgment additional requirement to the above just mentioned are prescribed by the Greek Civil Procedure Code (article 323 secs. 2-50) which are the following:
The foreign court that issued the judgment must be competent to judge on the case pursuant to the provisions of Greek Conflict of Laws;
The losing party was not deprived of the right to a fair trial, to wit the losing party was not deprived of the right to be heard and participate in the trial unless that such a restriction applies to the subjects of the state to which the tribunal rendering the judgment belongs as well; and
There is no irreconcilable judgment of the Greek courts between the same parties on the same matter.
4.- Further procedure of all judgments above.
We Conclude that only judgments falling under section 3.- above need to pass the declaration of enforceability process while thw judgments under section 2.- above are enforced as is and judgments under section 1.- are enforced pursuant to the provisions of the relative Treaty.
After that stage all such judgments are enforced exactly in the same way like the domestic national judgments with the most common measures being the foreclosure and auction of the debtor’s property especially of his real estate property.
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