European Commission > EJN > Bringing a case to court > Greece

Last update: 02-05-2006
Printable version Bookmark this page

Bringing a case to court - Greece

EJN logo

This page is now obsolete. The original language version has been updated and moved to the European e-Justice Portal.


Imagine a situation in which you are in dispute with a company, a professional person, your employer, a member of your family or somebody else in your own country or abroad. In order to solve this problem, you ask yourself a number of questions:



 

TABLE OF CONTENTS

1. Do I have to go to Court? 1.
2. Am I still in time to bring a court action? 2.
3. Am I sure that I should go to a court in Greece? 3.
4. If yes, which particular court should I go to in Greece, given where I live and where the other party lives, or other aspects of my case? 4.
5. Which particular court should I go to in this Member State, given the nature of my case and the amount at stake? 5.
6. Can I bring a court action by myself or do I have to ask an intermediary, such as to be represented by a solicitor? 6.
7. Who exactly do I apply to: to the reception office or the office of the clerk of the court or any other administration? 7.
8. In which language can I make my application? Can I do it orally or does it have to be in writing? Can I send my application by fax or by e-mail? 8.
9. Are there special forms for bringing actions, or, if not, how must I present my case? Are there elements that have to be included in the file? 9.
10. Will I have to pay court charges? If so, when? Will I have to pay a lawyer right from the introduction of my application? 10.
11. Can I claim legal aid? ('legal aid' theme) 11.
12. From which moment is my action officially considered to have been brought? Will the authorities give me some confirmation that my case has been properly presented? 12.
13. Will I have detailed information about the timing of subsequent events (such as the time allowed for me to enter an appearance)? 13.

 

PRELIMINARY QUESTIONS BEFORE BRINGING A CASE TO COURT

1. Do I have to go to Court?

It might be better to use alternative dispute resolutions procedures. See this theme.

2. Am I still in time to bring a court action?

Time limits for bringing court actions vary according to the case. This question of time limits can be clarified with a legal adviser or at an information office to citizens on access to law.

3. Am I sure that I should go to a court in Greece?

See the 'Jurisdiction of the courts' theme.

4. If yes, which particular court should I go to in Greece, given where I live and where the other party lives, or other aspects of my case?

See the 'Jurisdiction of the courts - Greece' theme.

5. Which particular court should I go to in this Member State, given the nature of my case and the amount at stake?

See the 'Jurisdiction of the courts - Greece' theme.

TopTop

STEPS TO FOLLOW TO BRING A CASE TO COURT

6. Can I bring a court action by myself or do I have to ask an intermediary, such as to be represented by a solicitor?

An action must be brought through a lawyer, except: (1) before the district court (Irinodikio), (2) in precautionary measures and (3) to ward off an imminent danger (Article 94(2) of the Code of Civil Procedure), (4) in employment procedure before the (single-judge) regional court (Protodikio) or the district court (Article 665(1) of the Code of Civil Procedure). The rule is, therefore, that a legal representative is necessary. Exceptionally, you may represent yourself in certain procedures, such as precautionary measures, small claims and employment disputes.

7. Who exactly do I apply to: to the reception office or the office of the clerk of the court or any other administration?

To start any legal procedure you must lodge an application at the registry of the competent court. To draw up the application you should call on the services of a lawyer, who will lodge it at the registry of the competent court.

8. In which language can I make my application? Can I do it orally or does it have to be in writing? Can I send my application by fax or by e-mail?

(a) The application can be drawn up only in Greek, (b) the rule is that it should be in writing. You may make your application orally to district courts where there are no designated lawyers or legal assistants, in which case an official record is drawn up (Articles 111, 115 and 215(2) of the Code of Civil Procedure) and (c) the application cannot be sent by fax or e-mail.

TopTop

9. Are there special forms for bringing actions, or, if not, how must I present my case? Are there elements that have to be included in the file?

There are no special forms for bringing actions. The file must contain the application, if necessary (it is not compulsory in the district court or for precautionary measures) and any supporting documents you may provide.

10. Will I have to pay court charges? If so, when? Will I have to pay a lawyer right from the introduction of my application?

Yes, you must pay costs and charges. You must pay the fiscal stamp duty (hartosimo), the court stamp duty (dikastiko ensimo) in the case of a contentious action and charges for various funds (e.g. the Legal Servants' Fund (Tamio Nomikon, T.N.) and the Athens Lawyers' Welfare Fund (Tamio Pronias Dikigoron Athinon, T.P.D.A.) which are paid when the case is brought. You and your lawyer agree between yourselves on how and when you pay him/her.

11. Can I claim legal aid? ('legal aid' theme)

Yes, in the circumstances set out in Articles 194-204 of the Code of Civil Procedure (if you are unable to pay costs without restricting your own or your family's necessary living expenses). You will need: (1) a certificate from the mayor or head of the local authority where you live concerning your professional, financial and family situation and (2) a certificate from your local tax inspector, confirming that over the last three years you have made a declaration for income tax or any other direct tax, and that the declaration was checked as correct.

FOLLOW-UP

12. From which moment is my action officially considered to have been brought? Will the authorities give me some confirmation that my case has been properly presented?

With effect from the time the case was lodged with the registry of the court to which it is addressed and a copy delivered to the other party (Article 215 of the Code of Civil Procedure). The bringing of the action is confirmed when a report is drawn up and lodged. When the action has been lodged with the competent court, a document confirming this is issued and a date is set for the hearing, so that you know your case is properly presented.

13. Will I have detailed information about the timing of subsequent events (such as the time allowed for me to enter an appearance)?

The date for discussion of the case is set by the registry of the competent court and you will be called to each new session of the court or when any document is approved during the course of the case. All parties have the right to accelerate the deliberations. Instructions are also given by the representing counsel.

Finally, with regard to all the above questions, a lawyer must appear before the second stage court, the Court of Appeal (Efetio), even in the cases where it was not necessary to have representing counsel before the lower courts (see above). The same goes, naturally, for cases before the High Court of Appeal (Arios Pagos).

« Bringing a case to court - General information | Greece - General information »

TopTop

Last update: 02-05-2006

 
  • Community law
  • International law

  • Belgium
  • Bulgaria
  • Czech Republic
  • Denmark
  • Germany
  • Estonia
  • Ireland
  • Greece
  • Spain
  • France
  • Italy
  • Cyprus
  • Latvia
  • Lithuania
  • Luxembourg
  • Hungary
  • Malta
  • Netherlands
  • Austria
  • Poland
  • Portugal
  • Romania
  • Slovenia
  • Slovakia
  • Finland
  • Sweden
  • United Kingdom