litigation, law firm Greece

Litigation and dispute resolution

in Greece

Nobody likes to be involved in legal disputes, especially not in another country. If this happens, our attorneys assert your claims or defend you against third-party claims.

The civil process before the Greek courts is shaped by the parties’ conduct of the process. It is not the court that orders the action to be served, but the plaintiff. The limitation period is only interrupted when the complaint is served, not when it is filed. There is no statement of responce following, to which the claimant responds with his reply. Rather, both parties submit briefs and evidence at the same time. Until then, the matter has not been assigned to a judge.

Already from this brief description it becomes clear that court proceedings in Greece have clear procedural differences from procedural rules of the home countries of our clients. In order to successfully contest the trial before the Greek court, the process tactics must be adapted to the local rules.

Our team includes lawyers who specialize in litigation in commercial and contract law disputes in Greece. For international clients one of our UK educated lawyers is always involved in the legal proceedings. In this way, we guarantee the best possible representation before the Greek courts.

Particularities in the Greek civil process

1. No main hearing

The Greek Code of Civil Procedure for ordinary proceedings, as amended on 2015, does not provide for an oral hearing. The witness evidence is provided by filing a sworn testament. Witnesses will only be heard if the judge decides to do so.

2. Court fees

The court fees are only to be paid with the submission of the evidence, not on the date the claim is filed. They amount to one percent of the amount in dispute.

3. Mediation

A first conciliation hearing is not provided for. In the past, regulations had been introduced that caused the parties to hold a first conciliation appointment in advance of the hearing. However, these have not prevailed and have been abolished.
Since the end of 2019, mediation has been mandatory in the civil process. It is now possible to conduct mediation proceedings for civil and commercial disputes. The lawyer of the plaintiff must inform his client of this, relevant proof is a precondition for the admissibility of the lawsuit. If the value in dispute exceeds € 30,000, a record of the mandatory first mediation appointment must be submitted along with other evidence.

Overview of civil proceedings in Greece

The extremely long duration of the proceedings (trial dates set after 3 years, adjournments and delays in relation to the pronouncement of judgment) in the midst of the economic crisis led to a radical reform of the Code of Civil Procedure. The new Greek Code of Civil Procedure (in force since 2016) no longer provides for an oral hearing. Briefs and evidence are to be submitted on fixed deadlines. The Judge is appointed after the file is closed. There is no possibility to postpone the hearing. Events that lead to a violent cessation of proceedings are heard.

Deadlines

• The lawsuit must be served within 30 days of filing the lawsuit if the defendant is based in Greece and within 90 days if it is based abroad. The service is carried out by a bailiff, whom the plaintiff instructs.
• Within 100 days after filing the lawsuit, or 130 days for persons based abroad, both parties must submit written documents and evidence.
• Within 15 days after submission of the evidence, the parties have the opportunity to comment on the other party’s pleadings and evidence.
• The matter is assigned to a judge 15 days later, who decides on the matter based on the file situation.

Temporary legal protection

coming soon…

Appeal / Revision

coming soon …

Contact person in Athens

fotini-stathopoulou
Fotini Stathopoulou

Contact person in Thessaloniki

thomas-vlanos
Thomas Vlanos

Please leave us your message

We look forward to your inquiry!

Athens
+30-210-644 77 00

Thessaloniki
+30-2310-940 781

info@ piliosandpartners.com