🇬🇷 Greece

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

Information mentioned in art. 29 par. 1 of EOP Regulation and relating to jurisdiction, review procedures, means of communication and languages have been published by the Courts Digital Portal (solon.gov.gr) in the following web address: https://www.solon.gov.gr/webcenter/wcsrc2/docs/a13/3.pdf?lve. This web page contains all the above-mentioned information as it has been communicated by all Member States. With regard to Greece, information relating to jurisdiction, review procedures and languages (art. 29 par. 1 (a), (b) and (d) of EOP Regulation) have been mentioned in paragraphs 1, 2 and 6 of the present questionnaire. Concerning the means of communication (art. 29 par. 1 (c) of EOP Regulation), the above report of the Courts Digital Portal mentions the standard form of Annex I of the Regulation. Regarding service by electronic means with or without proof (art. 13 par. 1 (d) and art. 14 par. 1 (f) of EEO Regulation) and the existence of an online platform, please see paragraph 3 of the present questionnaire. In case the enforcement procedure reaches the stage of an auction, it should be mentioned that auctions under Greek law are performed by certified notaries via an online platform (https://www.eauction.gr/en/). In general, at the present time only the Courts of First Instance of Athens, Thessaloniki, Piraeus and Chalkida support the deposition of applications and legal remedies by electronic means for certain procedures. An application for the issuance of an order of payment under Greek law can be deposited by electronic means. However, it has not been clarified if the above possibility also covers the submission of an application for a European Order for Payment under EOP Regulation. An objection against an order of payment (whether under Greek law or EOP Regulation) cannot be filed by electronic means. Last but not least, the Court of First Instance of Athens is the only one between the above four courts that supports the deposition by electronic means of an objection against the enforcement procedure that may be initiated following a European Order for Payment or a European Enforcement Order.

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

For both EOP and EEO Under Greek law, enforcement of both the European Order for Payment (EOP) and the European Enforcement Order (EEO) follows the same national enforcement framework, with a clear distinction between the authority granting enforceability and the authority carrying out enforcement. For both EOP and EEO, the competent enforcement authority is the bailiff (d??ast???? ep?µe??t??). Bailiffs are autonomous enforcement officers responsible for initiating and conducting enforcement actions, including service of the enforcement order, seizure of assets, garnishment of bank accounts, foreclosure of immovable property, and receipt of payments from the debtor. All enforcement measures are carried out by the bailiff in accordance with the Code of Civil Procedure. Before enforcement can begin, the claimant must obtain an enforcement clause attached to the enforceable title. The authority competent to grant this clause depends on the nature of the title, not on whether it is an EOP or an EEO. Where enforcement is based on a court decision or a European Order for Payment, the enforcement clause is granted by the judge who issued the decision or order. Where enforcement is based on a court settlement, the clause is granted by the judge who heard the case. For notarial deeds, the enforcement clause is granted by the notary, while for arbitral awards and mediation minutes, it is granted by the court where the instrument has been deposited. Once the enforcement clause has been issued, enforcement formally starts with the service of the enforcement order by a bailiff, accompanied by a command for enforcement, which is drafted by a lawyer acting as the claimant's proxy. This service constitutes the first enforcement act under Greek law and triggers the bailiff's powers to proceed with further enforcement measures. In sum, for both EOP and EEO procedures, Greek law centralises enforcement in the hands of the bailiff, while the judicial or notarial authority that issued the underlying title remains competent to grant the enforcement clause that makes enforcement possible.

3. rules on service

For both EOP and EEO

Under Greek law, service of documents in the context of both the European Order for Payment (EOP) and the European Enforcement Order (EEO) is governed by the Code of Civil Procedure and the Code of Bailiffs, and follows a unified national framework. The competent service authority is, as a rule, the bailiff (d??ast???? ep?µe??t??). Where no bailiff is available at the place of service or where service by a bailiff is considered impracticable, service may exceptionally be carried out by a court usher or a municipal secretary, acting on the instruction of the competent judge or district attorney. Greek law recognises service with proof and service without proof, corresponding broadly to Articles 13 and 14 of the EOP and EEO Regulations. The primary method is personal service with proof of receipt, attested by an acknowledgement signed by the defendant or, in the case of refusal or inability to sign, by a statement drawn up by the bailiff and affixed to the door of the defendant's residence or workplace in the presence of a witness. Service by electronic means is permitted, but only under strict conditions: it must be carried out by a certified bailiff, the document must bear a valid digital signature, the defendant must have declared a single email address in the National Communication Register, and a digitally signed acknowledgement of receipt must be returned within 24 hours. Electronic service is performed through the platform operated by the Greek Federation of Bailiffs. Service without proof is allowed in limited situations, notably through service on adult cohabitants of the defendant or employees at the defendant's workplace, provided they are not parties to the dispute. Where the defendant and such persons are absent, the bailiff may affix the document to the door, deliver a copy to the local police station, and notify the defendant by post. Certain methods expressly contemplated by EU law-such as deposit in a mailbox without further formalities, postal service without proof, or electronic service with automatic confirmation of delivery-are not recognised under Greek law. As a general rule, service is effected at the defendant's residence or workplace, unless another location is agreed. Where the defendant's address is unknown, service is made on the district attorney of the competent court, combined with publication of a summary of the document in newspapers. Service is prohibited at night, on weekends, and on public holidays without court authorisation. Finally, Greek law allows parties to appoint a proxy for service, including lawyers acting as authorised representatives, who are deemed competent to receive procedural and enforcement-related documents on behalf of the party. Overall, service in Greece for both EOP and EEO procedures is highly formalised, centred on the bailiff as the key authority, and characterised by strict safeguards designed to ensure effective notice and legal certainty.

4. Language of the decision/certificate and documents to be appended

For both EOP and EEO The Greek state has only one official language, the Greek language. Therefore, the official language of the courts/enforcement authorities is the Greek language. No other languages of the institutions of the EU are accepted by courts/enforcement authorities. The translation of the documents to be enforced, as well as other documents, is mandatory. In order for the translation to be considered official and valid, it must be done by certain authorities/professionals (Embassy/Consulate, Translation Department of the Greek Ministry of Foreign Affairs, lawyer, professional translator). The above apply for both EOP and EEO Regulations.

5. enforcement fees

For both EOP and EEO Under Greek law, the fees for enforcement procedures are the same for both the European Order for Payment (EOP) and the European Enforcement Order (EEO), as enforcement follows a unified national framework. The primary costs arise from bailiff fees, since bailiffs are the competent enforcement authority. Bailiff remuneration is fixed by a Common Ministerial Decision of the Ministries of Justice and Finance (currently the decision published in Official Journal B, No 709/16-03-2016). Fees for the service of documents depend on the distance between the bailiff's registered seat and the place of service, with four distance-based brackets, while electronic service is subject to a reduced flat fee. Bailiffs are also entitled to specific enforcement fees, notably a fixed fee for foreclosure proceedings, with additional graduated fees where multiple assets are seized in the same procedure. Separate fees apply for the drafting of extracts of foreclosure reports in the context of auctions. In addition to bailiff fees, lawyer fees are incurred at the start of enforcement. Greek law requires that the enforcement order be accompanied by a command for enforcement, which must be drafted by a lawyer acting as the claimant's proxy. Although statutory rules formally link the lawyer's remuneration for drafting the command to the court fees awarded in the underlying decision, this mechanism has been considered unconstitutional in practice due to its disproportionate impact on the debtor. As a result, lawyer fees for drafting the command are usually agreed in practice and typically remain modest, varying according to the amount and complexity of the claim. Any additional fee for studying the case may be agreed between lawyer and client but cannot be charged to the debtor. All enforcement-related fees, whether bailiff or lawyer fees, are subject to 24% VAT. Payment may be made in cash (within statutory limits), by card, or by bank transfer.

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in

the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

The defendant's main means of defence against the enforcement procedure under Greek law is the objection (legal remedy) provided for in art. 933 et seq CCP. The competent authority is the Court of First Instance of the location of the enforcement. Enforcement can be refused and the enforcement procedure can be cancelled, as long as the conditions of art. 22 of EOP Regulation and 21 of EEO Regulation are fulfilled, upon objection exercised by the defendant. Legal representation by a lawyer is mandatory for the defendant under Greek law, since this is a strictly court procedure. Once the objection is filed before the competent court, a hearing date is set, the claimant of the EOP or the EEO must be legitimately summoned and a trial will follow, where the defendant must prove his claims. If the objection is approved by the court, the enforcement procedure will no longer be considered valid. In this case, the claimant of the EOP or the EEO can exercise an appeal against the court decision that cancelled the enforcement procedure. If the above legal remedy (objection) has been legitimately filed and is considered probable to be approved by the court and if enforcement is considered to cause irreparable damage to the defendant, upon application of interim measures filed by the defendant (art. 938 CCP) the court can make enforcement conditional on the provision of such security as it shall determine (art. 23 (b) of EOP and EEO Regulations) or can also stay the enforcement procedure with or without the provision of security (art. 23 (c) of EOP and EEO Regulations). The above application is judged according to art. 686 et seq CCP for interim measures. In cases of foreclosure of mobile assets that are not subject to deterioration, the above application is filed as a separate legal remedy. On the other hand, in cases of foreclosure of real estate property, the above application of interim measures must be included in the legal remedy of objection or the pleadings deposited on the hearing date. Decisions of interim measures cannot be appealed under Greek law. The possibility of the defendant to apply for limitation of the enforcement proceedings to protective measures is not specifically provided for in Greek law.

7. Availability of any legal aid for guidance on the enforcement procedures under the

regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation Legal aid in Greece is governed by Law 3226/2004 and applies to civil and commercial matters, including enforcement proceedings. It is available to Greek and EU citizens with low income, to lawfully resident third-country nationals or stateless persons, and to persons with disabilities exceeding 67%, irrespective of income. Low income is defined as income below two-thirds of the statutory minimum wage, which currently corresponds to EUR 830 per month. Special rules apply to cross-border disputes within the EU. Applicants residing in another Member State may qualify for legal aid even if their income exceeds the Greek threshold, provided they demonstrate that differences in living costs prevent them from bearing the expenses of proceedings in Greece. In such cases, legal aid may also cover interpretation and translation costs, certain travel expenses, and may include the appointment of a lawyer for legal advice aimed at settling the dispute before litigation. Legal aid is also available to persons residing in Greece who require assistance for proceedings in another Member State, until the competent authority of that State receives the application. The scope of legal aid includes full or partial exemption from procedural costs and, upon request, the appointment of a lawyer, notary and bailiff to assist and represent the beneficiary. It may cover court fees, stamp duties, enforcement clause fees, witness and expert fees, and the remuneration of appointed professionals. Legal aid applies to all levels of jurisdiction, to appeals, and to enforcement proceedings, but it does not exempt the beneficiary from paying costs awarded to the opposing party. The competent authority to grant legal aid is the Single-Member Court of First Instance, or the President of the court before which the case is pending or about to be filed. Following recent judicial reforms, this court has also assumed competence for matters previously handled by Peace Courts. Decisions on legal aid may be appealed before the Multi-Member Court of First Instance. In cross-border cases under Directive 2003/8/EC, the Ministry of Justice acts as the receiving authority in Greece and assists applicants, including by providing free translations where necessary.

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation It is indisputable that EOP and EEO Regulations have brought a significant change to the field of European Procedural law by tackling several flaws and difficulties ascertained during the implementation of Regulation (EC) 44/2001. Both Regulations (EOP and EEO) are meant to facilitate the collection of claims in cross-border disputes, aiming to further reinforce cross-border transactions, provide legal certainty and finally support entrepreneurship. Regarding EEO Regulation in particular, we should also take into account the EU as well as national politics of encouragement of alternative dispute resolution, in order to strengthen the enforceability of extrajudicial settlements. On the other hand, the above Regulations are only part of the measures taken in the framework of wider EU politics and cannot be expected to tackle alone any financial market issues that may arise. In conclusion, it is important to increase awareness concerning EOP and EEO Regulations, focusing on the rights and obligations of the claimant, but most of all the defendant, especially in case he/she is a consumer. This could contribute to the establishment of a sentiment of trust towards European legislation and the relevant procedures.