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Last update: 20-07-2006
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Interim and precautionary measures - Greece

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TABLE OF CONTENTS

1. What are the different types of measures? 1.
2. What are the conditions under which such measures may be issued? 2.
2.1. Please describe the procedure 2.1.
2.2. Please describe the substantive conditions for ordering these measures 2.2.
3. Object and nature of such measures? 3.
3.1. What types of assets can be subject to such measures? 3.1.
3.2. What are the effects of such measures? 3.2.
3.3. What is the validity of such measures? 3.3.
4. Is there a possibility of appeal against the measure? 4.

 

1. What are the different types of measures?

Please provide a definition of such measures - Please draw up an inventory of existing measures

Interim and precautionary measures and injunctions in general means the granting of temporary judicial protection as a consequence of a main trial exploring an issue which in relation to the right protected is either pending or will be opened soon. This temporary grant of judicial protection seeks to ensure future satisfaction of the claim which will be explored by the court. The measures available are: surety, registration of a mortgage prenotation, conservative attachment, judicial sequestration, interim hearing of claims, interim regulation of the situation, impoundment, release from impoundment, stock-taking and deposit of assets at a bank.

2. What are the conditions under which such measures may be issued?

2.1. Please describe the procedure

The aforementioned measures are always ordered by a court.

Generally speaking the Single-Member Court of First Instance is competent to order such measures. The Court of the Peace may have jurisdiction to issue such measures in the case of temporary regulation of possession or ownership and where, based on the general provisions of the Hellenic Code of Civil Procedure, it is competent for the main case. The Single-Member Court of First Instance is deprived of its material jurisdiction in these cases. Moreover, the Multi-Member Court of First Instance before which a main case is pending has jurisdiction concurrently with the Single-Member Court of First Instance to order the aforementioned measures. The competent court will be the local court trying the main case while the aforementioned measures may be ordered by the court located closest to the place where those measures are to be enforced. The judgement ordering these measures shall be served on the party affected by it and enforced by bailiffs. If the bailiff is obstructed in carrying out enforcement, he may request the assistance of police officers. Costs cannot be easily calculated since lawyers' and bailiffs’ fees vary. An indicative cost is around € 250.

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2.2. Please describe the substantive conditions for ordering these measures

The court will order interim measures if:

  1. there are urgent grounds or if they are needed to prevent impending risk to secure or preserve a right or to regulate a situation and;
  2. it is reasonably supposed that there is a right requiring protection to which the measure relates.

Preliminary evidence for the claim should be provided reasonably justifying the ordering of the measure, in other words proof in full is not required. Instead incomplete proof is required, adequate to persuade the court that the true facts could exist. It is sufficient for the court to consider them likely in order for the requested judicial protection to be granted. In order for protection to be afforded urgent circumstances or impeding risk of removal of the debtor's assets by the party seizing them is required, such that in the future it would be impossible to prosecute for compulsory enforcement against him when following the end of the main action the creditor would have in his hands an executable title.

3. Object and nature of such measures?

3.1. What types of assets can be subject to such measures?

These measures apply to all assets of the debtor in general, whether in his possession or in the hands of a third party, provided they can be transferred in line with the rules of private law and are not exempt from the law. In particular, assets which these measures may relate to include the debtor's real estate property, moveable property not considered incapable of attachment, ships, aircraft, land-based vehicles, bank account deposits and dematerialised securities.

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3.2. What are the effects of such measures?

Following the judgement the debtor is unable to dispose of the assets where an injunction blocking them has been ordered, such as conservative attachment of his assets or a mortgage prenotation on immoveable property. In the case where he does not comply with the court judgement the debtor shall be punished pursuant to Article 232A of the Hellenic Penal Code with imprisonment of up to 1 year.

Legislative Decree 1059/1971 enacted the confidentiality of bank deposits and provides for at least 6 months imprisonment in the case where members of the Board of Directors, governors or employees of banks breach such confidentiality. However, this fact does not constitute a barrier to the conservative attachment of those deposits since the court judgement ordering that injunction need not necessarily specify the bank deposits or dematerialised securities to be temporarily blocked as a result of the injunction. Nor does the prohibition on disposal of such assets imposed by the judgement breach confidentiality since banks are not called upon to provide information on their existence. In the case of conservative attachment of assets in the hands of third parties, they are obliged to state whether there is a claim or right attached and if there is another attachment in their hands and for what amount.

3.3. What is the validity of such measures?

Pursuant to law these measures are valid:

  1. until a final judgement is issued in the trial of the main action against the party who requested the injunction which has rendered final;
  2. until a final judgement is issued to his benefit and that judgement is enforced;
  3. in the case of settlement of the main action;
  4. if 30 days pass from completion or quashing of the trial in another manner;
  5. if as a result of new true facts the order is revoked or modified either by the court which issued it or by the court in the main action without requiring reliance on new true facts; and
  6. in the case where the judgment itself stipulates a deadline for opening of the main action and that action is not opened within that deadline.

Should one of the parties who has been summoned in accordance with legal form in due time does not appear at the hearing, that will result in that party being tried in his absence but the court will examine the case as if all litigants were present since judgement by default in interim measure proceedings does not create a presumption of acceptance of the true facts set out in the relevant application. The case may be re-examined by the court only where the party tried in his absence relies on new true facts which, had they been available to the court, would have resulted in a different measure being ordered. This party may request the revocation or modification of the judgement.

4. Is there a possibility of appeal against the measure?

No judicial remedies are available against the judgement ordering the measures with the sole exception of the judgement ordering temporary regulation of possession or ownership for which the law expressly provides an option to appeal to the competent Multi-Member Court of First Instance within 10 days from service of the judgement.  Having examined the case this court will either confirm or quash the judgement challenged and its judgement is valid on an interim basis. It is possible for a litigant to lodge an application to have a judgement revoked or modified (as mentioned above) and it is also possible for a third party not summoned to the trial and who did not take part in it but who has legal standing to lodge a petition to have a judgement revoked or modified (by entering a caveat).

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Last update: 20-07-2006

 
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