Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Enforcement of Foreign Judgments
5.
Court analysis and decision
5.1
Will the court review service of process in the initial proceedings?
 
Greece
The enforcing court will review the service of process in the foreign proceedings to ensure that the defendant’s right to defence was respected, and that the defendant enjoyed the safeguards of a fair trial in accordance with the law of the country in which the judgment was rendered.

For more information about this answer please contact: Tasos Kollas from KLC Law
5.2
Will the court review the jurisdiction of the foreign court in the initial proceedings?
 
Greece
Yes. Pursuant to Articles 905 and 323 of the Code of Civil Procedure, the enforcing court will examine whether the foreign court was competent to adjudicate the case under Greek international procedural law (the so-called ‘mirror principle’). If the requirements of the foreign jurisdiction were not met, the judgment may not be declared enforceable in Greece according to the Code of Civil Procedure. As noted in question 3.1, according to the Recast Brussels Regulation, the judgment is automatically recognised and ipso jure enforceable in Greece without any declaration or other exequatur procedure being required. According to Article 45(3) of the Recast Brussels Regulation, the jurisdiction of the foreign court may not be reviewed, subject to Article 45(3), paragraph 1(e). The test of public policy referred to in Article 45, paragraph 1(a) may not be applied to the rules relating to jurisdiction.

For more information about this answer please contact: Tasos Kollas from KLC Law
5.3
Will the court review the foreign judgment for compliance with applicable law and public policy?
 
Greece
Foreign judgments which are contrary to public policy will not be recognised and enforced in Greece. A foreign judgment is considered to be contrary to public policy if its effect in the Greek territory would be directly inconsistent with the fundamental principles of moral, state or economic order. The reservation of public policy as a condition for the recognition of foreign judgments extends to both procedural and substantial issues. The Greek courts cannot rule on whether the court of the foreign state correctly applied the substantive law.

For more information about this answer please contact: Tasos Kollas from KLC Law
5.4
Will the court review the merits of the foreign judgment?
 
Greece
The Greek courts do not have the power to review or revisit a foreign judgment on the merits. Article 52 of the Recast Brussels Regulation explicitly provides that under no circumstances may a judgment given in a member state be reviewed as to its substance in the member state addressed (‘révision au fond’).

For more information about this answer please contact: Tasos Kollas from KLC Law
5.5
How will the court proceed if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties?
 
Greece
If there are conflicting judgments involving the same parties and dispute, recognition and enforcement of the foreign judgment will not be accepted by the Greek courts on the basis of Articles 323(4), 332 and 905 of the Code of Civil Procedure, which explicitly provide that in such cases recognition and enforcement are not permitted.

For more information about this answer please contact: Tasos Kollas from KLC Law
5.6
Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?
 
Greece
In principle, the grounds on which the court may refuse to recognise and enforce the foreign judgment are limited to those set out in question 4.1.

For more information about this answer please contact: Tasos Kollas from KLC Law
5.7
Is partial recognition and enforcement possible?
 
Greece
In principle, foreign judgments are uniformly recognised and enforced by the courts in their entirety. However, partial recognition and enforcement of a foreign judgment is possible where not all parts thereof are enforceable under the applicable legal framework.

For more information about this answer please contact: Tasos Kollas from KLC Law
5.8
How will the court deal with cost issues (eg, interest, court costs, currency issues)?
 
Greece
The decision on the calculation of interest will be stipulated in the foreign judgment and will depend on the substantive law applicable to the dispute. The exchange rate to be applied is not defined by the courts, but is rather set by the applicable law.

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