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Results: 4 Answers
Enforcement of Foreign Judgments
4.
Defences
4.1
On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?
 
Greece
The defendant can challenge recognition and enforcement of a foreign judgment mainly based on the reasons relating to non-recognition and non-enforcement set out in Articles 323, 780 and 905 of the Code of Civil Procedure. Specifically, these defences include the following:

  • The judgment is res judicata according to the law of the state in which it was issued (Article 323(1));
  • The case, under Greek law, falls under the jurisdiction of the courts of the state in which the decision was rendered (Article 323(2));
  • The losing party has not enjoyed equal opportunities concerning its right to defence or has been deprived of this right (Article 323(3));
  • The judgment is contrary to a domestic Greek civil court judgment that was rendered in the same case and is res judicata between the same parties (Article 323(4)); or
  • The judgment is contrary to good morals or public policy (Article 323(5)).

With regard to judgments rendered by an EU member state court, the defences are set out in Articles 45 and 46 of the Recast Brussels Regulation. According to Article 46 of the Recast Brussels Regulation, “on the application of the person against whom enforcement is sought, the enforcement of a judgment shall be refused where one of the grounds referred to in Article 45 is found to exist”. The defences provided under Article 45 may be summarised as follows:

  • Recognition would be manifestly contrary to public policy in the relevant member state;
  • The judgment was issued in default of appearance, or the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable it to arrange for its defence;
  • The judgment is irreconcilable with a judgment given between the same parties in the member state addressed;
  • The judgment is irreconcilable with an earlier judgment given in another member state or in a third state involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the member state addressed; or
  • The judgment conflicts with a specific provision of the Recast Brussels Regulation (Article 45(1)(e).
For more information about this answer please contact: Tasos Kollas from KLC Law
4.2
What is the limitation period for filing a challenge?
 
Greece
In principle, the defendant does not participate in the proceedings initiated through submission of the application for recognition and enforcement, unless it is summoned by the applicant or ordered by the judge to attend the hearing, or unless the defendant is informed by any means of the filing of the application and intervenes in the proceedings. Thus, the defendant may attend the hearing or intervene in the proceedings and challenge the application.

For more information about this answer please contact: Tasos Kollas from KLC Law
4.3
Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?
 
Greece
Under Article 763(1) of the Code of Civil Procedure, judgments rendered under the voluntary (ex parte) jurisdiction are immediately enforceable in principle, and the deadline for filing an appeal does not suspend the force or enforceability of the judgment. However, under Article 763(2), the court hearing the case may – on its own initiative – suspend the force and enforceability of the judgment until it has become final (ie, it is no longer subject to appeal). Under Article 763(3), if an appeal has been filed, the court that issued the judgment or the presiding judge may – following an application by one of the parties to the trial at first instance – order the suspension of the force and enforceability of the decision until a final judgment is rendered.

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