PROFILE / ENFORCEMENT OF FOREIGN JUDGMENTS IN GREECE

THE BINDING PRECEDENT OF FOREIGN JUDICIAL DECISIONS IN THE GREEK JURISDICTION

Article 323 Code of Civil Procedure:

Without prejudice to what is provided by international treaties, foreign civil court decisions are valid and binding in Greece without any further procedure provided that:
  1. They are valid and binding according to the law applicable in the jurisdiction where they were issued ;
  2. The case must -according to Greek law- fall within the jurisdiction of the country where the court that issued the decision is based ;
  3. The party that lost was not deprived of his right to defend his case and of his right to participate in the proceedings except if such deprival applies equally to citizens of the country where the decision was issued ;
  4. The decision is not contrary to a decision issued by a Greek court which is a binding precedent for the parties involved ;
  5. The decision is not contrary to the morality and the public order ;

THE EXECUTION OF FOREIGN JUDGEMENTS BY GREEK COURTS


According to article 904 of the Greek Code of Civil Procedure, execution may only be made on the basis of an executable title.

Executable titles are:
  1. the final decisions and decisions of Greek Courts that are declared "temporarily executable".
  2. the arbitration rulings
  3. the minutes of Greek court proceedings that contain settlement or assessment of judicial fees
  4. the notarial acts
  5. the orders of payment and orders for the vacation of issued by Greek Judges.
  6. the foreign titles that are declared executable g) the orders and actions that are recognised by law as being executable.

Article 905 refers to the executability of foreign titles.

905 CCP:
  1. Without prejudice to what is provided by international treaties, there may be execution of a foreign title in Greece based on a foreign title from the moment after which a judgement to that effect is issued by the Court of first instance of either the place where the debtor has his residence or of the capital of Greece (Athens).
    The Court of first instance judges according to the procedure of articles 740-781. The latter is the procedure of the so-called "voluntary jurisdiction" which is essential a proceeding where the opponent is not always called to defend the case.
  2. The court of first instance declares the foreign title as executable, provided that it is so in the foreign jurisdiction where it was issued and provided that it is not contrary to the principles of morality and the public order.
  3. If the foreign title is a judicial decision, in order to be declared as executable, the conditions 2 to 5 of article 323 must also be fulfilled.
323 CCP:
  1. […]
  2. The case must -according to Greek law- fall within the jurisdiction of the country where the court that issued the decision is based.
  3. The party that lost was not deprived of his right to defend his case and of his right to participate in the proceedings except if such deprival applies equally to citizens of the country where the decision was issued.
  4. The decision is not contrary to a decision issued by a Greek court which is a binding precedent for the parties involved.
  5. The decision is not contrary to the morality and the public order.