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Results: 4 Answers
Enforcement of Foreign Judgments
3.
Recognition and enforcement process
3.1
Is recognition of a foreign judgment a separate process from enforcement and does it have separate legal effects?
 
Greece
Under Greek law, there is a central legal distinction between recognition and enforcement of a foreign judgment. ‘Recognition’ refers to the binding (res judicata) effects of foreign judgments which are automatically extended to Greece. For example, the res judicata effects need not be declared through a special procedure, as recognition of a foreign judgment in Greece applies ipso jure, provided that the requirements set out in the Code of Civil Procedure are met.

‘Enforcement’ of a foreign judgment presupposes that the judgment has been declared enforceable by the competent single-member first-instance court through the issuance of a relevant judgment according to the relevant applicable law and regulations. If a judgment falls within the ambit of the Recast Brussels Regulation, and to the extent that it is legally effective and enforceable in the member state in which it was rendered, it is automatically recognised and ipso jure enforceable in Greece without any declaration or other exequatur procedure being required pursuant to Articles 36 and 39 of the Recast Brussels Regulation. Based on the foreign judgment and the certificate issued under Article 53 of the Recast Brussels Regulation, the creditor can initiate the enforcement procedure according to the Code of Civil Procedure.

For more information about this answer please contact: Tasos Kollas from KLC Law
3.2
What is the formal process for recognition and enforcement?
 
Greece
With regard to the recognition of foreign judgments in Greece, no formal procedure is required (ie, recognition of a foreign judgment applies ipso jure), provided that the conditions set out in the relevant provisions of the Code of Civil Procedure are met (Articles 323 and 780).

With regard to enforcement, the interested party (normally, the judgment creditor) must submit an application to the competent single-member first-instance court requesting that the foreign judgment be declared enforceable according to the relevant provisions of the Code of Civil Procedure (Article 905). The applicant must then submit pleadings with supporting documentation in ex parte proceedings and the court will schedule a hearing date in order to hear the application.

For more information about this answer please contact: Tasos Kollas from KLC Law
3.3
What documents are required in support of an application for recognition and enforcement?
 
Greece
The documents required for recognition and enforcement of foreign judgments in Greece depend on the relevant applicable legal framework. Where the provisions of an international treaty or EU regulation apply, these supersede those of the Code of Civil Procedure.

With regard to recognition of foreign judgments, the principle of automatic recognition applies, provided that the substantive requirements set out in the Code of Civil Procedure are met. In practice, this means that the foreign judgment – officially translated into Greek – should be brought or submitted by the interested party before any competent court authority in Greece.

With regard to enforcement, the application must contain all of the elements relating to the conditions for the declaration of enforceability of the judgment set out under the Code of Civil Procedure and be supported by relevant documentation. In principle, the applicant must provide the enforcing Greek court with:

  • a complete, duly certified copy of the foreign judgment, as well as a translation of the judgment into the Greek language; and
  • relevant documentation from the country of origin confirming that the judgment is enforceable in the state in which it was rendered.
For more information about this answer please contact: Tasos Kollas from KLC Law
3.4
What fees are payable for recognition and enforcement?
 
Greece
The applicable fees relate mainly to the submission of the relevant application for the declaration of enforceability of the foreign judgment before the competent court - that is, court costs and the minimum statutory tariff fees, under Greek law, of the lawyer representing the applicant. Payment of such court fees is mandatory for the valid submission and acceptance of the application. The amount of legal fees will depend on the agreement concluded between the lawyer and the client.

For more information about this answer please contact: Tasos Kollas from KLC Law
3.5
Is the applicant required to provide security for costs?
 
Greece
The applicant is not required to provide security for costs.

For more information about this answer please contact: Tasos Kollas from KLC Law
3.6
How long does it usually take to obtain a declaration of enforceability?
 
Greece
The timeframe depends on the workload of the competent court. Subject to the workload of the court, the hearing date for the application will usually be set within three to nine months of submission of the application. The declaration of enforceability is usually rendered within three to eight months of the hearing date.

For more information about this answer please contact: Tasos Kollas from KLC Law
3.7
Can the applicant seek injunctive relief while the process is ongoing?
 
Greece
Yes. With regard to judgments rendered by an EU member state court, and on the basis of Article 40 of the Recast Brussels Regulation (1215/2012), an enforceable judgment carries with it, by operation of law, the power to pursue any protective measures which exist under the law of the member state addressed. Such measures are also available under the domestic legislation for other foreign judgments (ie, when recognition and enforcement of a foreign judgment are sought under the domestic legislation).

For more information about this answer please contact: Tasos Kollas from KLC Law