Our attorneys are particularly successful in enforcing claims in Greece. We make full use of the options available under Greek law.
The first thing we do is contact the debtor, inform him that we have been commissioned to collect the debt and set a final deadline. In certain cases, the announcement that a Greek lawyer has been commissioned to collect the debt improves payment behavior. Depending on the individual case, we then decide whether a letter from the bailiff will follow or whether the next steps should be taken immediately after the deadline set.
If an enforceable title is not yet available, we check whether the requirements for a Greek or a European order for payment are met and decide which way is better in a specific case in order to obtain a quick title. If legal proceedings cannot be avoided, we generally advise you to do so, if there is competence, at your seat.
The enforcement of judgments of European member states can then be carried out in accordance with the new version of EU Regulation No 1215/2012. This enables the creditor to carry out enforcement in other European countries without having to carry out a complex and costly recognition or enforceability procedure. For this purpose, the issuing of the certificate pursuant to Article 53 of EU Regulation No 1215/2012 (form) must be requested for the initial enforcement order. Enforcement is then carried out in Greece according to the procedure for enforcing Greek e orders.
The Greek Code of Civil Procedure provides for the possibility of issuing an enforcement order for claims against debtors domiciled in Greece with an aim to the payment of money. However, the existence of the claim is not only to be asserted, but also to be fully demonstrated by submitting documents.
In the case of cross-border monetary claims, a European order for payment can be requested by completing the appropriate forms. If the respondent files an objection, he will be referred to the local competent court and ordinary court proceedings will follow. If he does not file an objection, the European order for payment will automatically become enforceable.
Since the European Regulation No. 805/2004, uncontested judgments of European member states in civil and commercial matters have been enforceable directly and without a judicial approval procedure by issuing a European enforcement order. Since 2015, with the legal force of the new version, judgments given in disputed proceedings can be enforced directly and without exequatur procedures, simply by presenting the certificate according to Art. 53 of EU Regulation No. 805/2004.
Greek law on enforcement is characterized by the fact that notices and enforcement orders are given directly by the lawyer to the bailiff. Before the actual enforcement can begin, a certified copy of the enforceable title and a final request for payment must be served on the debtor by a bailiff. Requests older than a year have to be repeated. The individual amounts (enforceable claim, interest, court costs, etc.) are listed in detail in the payment request.
A 3-day wait period after delivery of the above Documents is mandatory, before actual enforcement can begin.
