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Claims Management & Compulsory Enforcement

The enforcement of claims and compulsory enforcements in Greece are only some of the core competences of our law firm. We are regularly acting on behalf of foreign clients in Greece and able to ensure excellent outcomes for our clients.

 

Services and enforcement orders are directly placed by the creditor’s lawyer with the plaintiff under Greek enforcement law. Before enforcement is commenced, a certified copy of the enforceable order has to be served by a plaintiff to the debtor along with a last request for payment in which each individual claims amount (including claims total, interest, court costs, other fees) has to be set out in detail. Compulsory enforcement commences after the expiry of a 3 days’ time limit following service of the request for payment.

 

If no enforceable order is yet on hand, court proceedings should be initiated. In addition, it is to be verified whether the requirements for any Greek or for any European summary proceedings for a payment order are met to decide in what way an enforceable order can be obtained.

 

Under the EU Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (EuJEREG EU/1215/2012), judgements of European member states may be compulsorily enforced in other European countries (including in Greece) without any time-consuming and cost-intensive recognition or enforceability declaration proceedings being conducted. Subsequent to the issuance of the certificate under Article 53 EuJEREG, the compulsory enforcement may be conducted in Greece in line with the procedure for the enforcement of Greek enforcement orders.

 

Enforceable Orders

1. Writ of Execution in Greece

Summary Proceedings for a Payment Order in Greece

Under Greek CoCP provisions, a writ of execution may be issued for claims from debtors located in Greece and directed to the payment of money. Nonetheless, it is required not only to allege, but also to prove the existence of the claim without any exception by the submission of instruments.

 

2. EuEOREG European Enforcement Order

Uncontested claims already confirmed by a court judgement may be provided with a ‘European Enforcement Order’ (applicable to all civil and commercial matters). This order is to be enforced in all member states without any further declaration of enforceability and to be treated like an own order of a national court. The European Enforcement Order is always to be obtained from the court of origin of the judgement on application by an appropriate form sheet. The claim is uncontested if the debtor either expressly agreed to it, not objected to it, agreed to it in an authentic instrument or established a tacit admission by failure. It is of no significance whether the judicial judgement is a decree, an order, decision or writ of execution.

In the second state, the claim is enforced by presentation of the judgement along with the European Enforcement Order to the competent body and will then be governed by the law of the second state without any further declaration of enforceability. Challenges on account of any legal force to the contrary or an application for suspension of enforcement for any appeal lodged against the first state’s judgement will then be due to the debtor only at the enforcement level.

 

3. The European Payment Order

The European Payment Order is a standardised procedure to collect foreign debts. The advantage of the European Payment Order is that it is an easy, quick and cost-effective way to collect international debts. If the respondent files an objection, the payment order will be referred to the court having jurisdiction ratione loci, and a due process of law will be continued. If no objection is filed by the respondent, the European Payment Order is deemed enforceable.

 

We are looking forward to your enquiry!

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