CODE OF CIVIL PROCEDURE IN GREECE

The legal system of Greece is considered civil law. The ‘Code of Civil Procedure’ (‘CCP’) is the primary legal framework for civil proceedings. The civil court system has two substantive tiers and the Supreme Court. Peace courts and single/multi-member first instance courts, depending on the nature of the case, make up the lower tier of the judicial system, while the Courts of Appeal sit at the top tier (however, the decisions of the Peace Court are appealed before the First Instance Court). Furthermore, the Supreme Court will hear a cassation appeal solely on legal grounds.

‘Ordinary Processes,’ ‘Special Procedures,’ and ‘Non-Contesting Procedures’ are the three primary types of first-instance procedures. Service of process in Greece needs to be handled with care in order to ensure that documents do not get waylaid or nullified by the court. Consequently, it is preferable to use a private process service agency like Undisputed Legal in order to comply with international service of process requirements. Our process servers are well acquainted with the Hague Service Convention and cross-border laws and will ensure the safe and efficient delivery of your documents.

BACKGROUND

Significant changes to the Greek Code of Civil Procedure (GCCP) were implemented on January 1, 2016, according to Law 4335/2015, with the goal of expediting the administration of justice without compromising the (equally deserving of protection) necessity for rendering a right and fair decision. The new GCCP primarily affected enforcement and routine actions before courts of the first instance. Most notably, the (until recently, mainly oral) ordinary processes at first instance have been replaced by more adaptable and quicker written proceedings. This is why a private process server agency like Undisputed Legal is preferable for international process service because we are conscientious and will be accountable for your documents.

The new articles do not change the fundamental nature of ordinary proceedings as written and based on written pleadings and the filing of all evidentiary means, including up to three affidavits. The hearing before a court audience is formal, without the necessity of litigant parties or the lawyers acting for them to attend and participate therein.

The GCCP contains the rules for the recognition and enforcement of foreign judgments issued by a third State (one not a member of the European Union.) The foreign decision must meet the procedural maturity requirements under the law of the place of issue in order to have the force of res judicata and not be detrimental to public order.

The European Union's Regulations (EU) No. 1215/2012 ‘on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters,’ No. 2201/2003 ‘concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility,’ and No. 1896/2006 ‘creating a European order for payment procedure’ apply in the event of a judgment from a Member State of the EU.

Under the Rules, any enforceable foreign judgment may be recognized regardless of how long it was rendered. When the Regulations apply, foreign judgments become automatically recognized. This implies that a foreign judgment may be enforced against any people (including the State) in any contracting Member State, creating the legal consequences thereof, as if rendered in that State, without any special procedures being required.

PRE-ACTION PROCEDURE IN GREECE

Before filing a lawsuit, lawyers in civil disputes that are amenable to the mediation must provide written notice to their clients of the option of mediation. The court will rule that the case cannot proceed without such notification. Attending at least one mediation session before or after filing a lawsuit for certain civil problems is necessary. The court has the discretion to fine a party for failing to appear at this hearing. For the court to consider the case, the claimant must produce minutes from the required mediation session showing that it occurred and that all parties were served with a summons to attend.

Certain disputes may also have additional prerequisite procedures. For civil claims, the statute of limitations is typically twenty years. The general rule is that the statute of limitations clock starts ticking the day after the claim becomes legally actionable.

Filing a lawsuit with the court and the defendant's service of process initiates civil proceedings. The bailiff will be the one to serve the individual. The bailiff delivers the paper copy of the lawsuit to the defendant (or an employee, spouse, etc.) or posts a notice (the CCP also permits electronic service by a bailiff under specific situations, although this has not yet been implemented). Defendants whose whereabouts are unknown have their lawsuits served to the Public Prosecutor, and a synopsis of the case is published in two daily publications. The date indicated on the bailiff's Service Report or the date of publication in newspapers is the date that will be used to determine when service was made. In the event that the defendant is located outside of Greece, the lawsuit must be sent to the appropriate Public Prosecutor in Greece before it may be forwarded to the foreign authorities.

No changes may be made to the pleadings after they've been filed, but each side is welcome to submit a counter-pleading or supplemental brief to give their two cents. The Hague Service Convention was enacted on November 15, 1965, in the Hague, Netherlands, by the member nations of the Hague Conference on Private International Law for the purpose of regulating the service of process in civil and commercial disputes between states. Following these requirements, a private Greece process service agency like Undisputed Legal can effectively and reliably serve papers on defendants and plaintiffs in another nation. Service of process in civil and commercial cases, but not criminal ones, is governed by the convention. If the address of the person to be served is unknown, the Convention will not apply either.

BRINGING A LAWSUIT IN GREECE

A prescribed claim form is not required for most types of filing; rather, a document setting out the full particulars of the claim (i.e., facts that the claimant alleges and which, if proved, would establish one or more causes of action against the defendant and a 'prayer' listing the remedies sought) must be filed. The court sets trial dates on the day of filing. Serving the defendant with the lawsuit requires having a court bailiff do it at the claimant's direction. At the latest, sixty days' notice must be sent. If the defendant lives in Greece, they have thirty days to visit before trial, but defendants living elsewhere or with an unknown address have ninety days.

Documentary evidence and pleadings need to be submitted. Court of the Peace, Single-Member Court of First Instance, and Court of Appeal trials require filing pleadings, papers, and supporting evidence (such as witness testimonies and expert reports) on the day of trial. This must be done twenty calendar days in advance of the trial date for matters heard by the Multi-Member Court of First Instance. Such a submission must be lodged twenty days prior to a Supreme Court hearing. For international process service, it should be understood that timelines will be longer since the documents will have to go through each court and the Central Authority in order to adhere to the required legal systems.

No formalities must be fulfilled before legal action may be taken. A claimant may, but is not required to, provide a defendant notice before filing suit outlining the claim briefly and asking for a remedy.

FILING OF THE ACTION

To initiate a lawsuit, one must file an action (agogi) that includes the names and addresses of all parties involved, as well as full particulars of the claim (the facts the plaintiff alleges that, if true, would give rise to liability on the defendant's part), a ‘prayer’ detailing the relief sought (including a statement of value in the case of a monetary claim), and the court's jurisdiction. The claimant cannot mention a range of amounts requested or that the amount would be stated with the development of proceedings, as would be the case in common law procedures, but rather must identify the amount sought from the beginning. Greek civil processes have no standard form for filing a claim. When an action is issued, the court affixes its official seal to it; nevertheless, this does not halt the statute of limitations clock until service of process has been made on the defendant. The lawsuit cannot be changed once it has been filed and served.

In Greece, the only acceptable mode of service is for the claimant to appoint a court bailiff to deliver the action document to the defendant. Greek civil process does not recognize substitute service techniques such as personal service, mail, document exchange, or electronic means of service (such as fax or e-mail). It is necessary to serve a lawsuit on a Greek resident at least 60 days before the trial date, and it must be served at least ninety days prior if the defendant resides outside of Greece or is unknown). A statement of the lawsuit must also be published in two daily newspapers if the defendant does not have a recognized address (art. 135 CCP). When an action is served on a domestic defendant by a court bailiff, service is considered to have occurred on the day of service.

A copy of the action may be sent in a registered letter to the defendant, and a copy may be affixed to the defendant's door if the defendant is absent from his dwelling at the time of the posting. As a general rule, service must be made in accordance with the legislation of the jurisdiction in which the defendant is located. When serving a defendant in another EU member state, you may do so via the Service Regulation [Council Regulation (EC) No 1348/2000], the government or judicial authority of the defendant's country, or local agents in accordance with local legislation. If the defendant cannot read Greek, the Public Prosecutor must be served with the original lawsuit plus a translation into his native tongue.

The Ministry of Foreign Affairs will handle the case when the Public Prosecutor forwards it to them. Once the Public Prosecutor has been served with the legal documents, service has been completed. The defendant's residence in a non-EU nation does not need a request for authorization to serve proceedings. Still, involving a private process service agency like Undisputed Legal is preferable to ensure service is done appropriately.

PHASES OF CIVIL PROCEDURE IN GREECE

Within thirty days after filing the action, service is made on the defendant(s) (or within sixty days if a defendant resides abroad or is of unknown residence). Within ninety days (or a hundred and twenty days if at least one of the defendants lives abroad or is of unknown domicile) following the conclusion of those above thirty or sixty-day period, the parties must file their pleadings in writing, together with any relevant papers and evidence. Each side is free to make copies of the other's court documents and evidence.

Each party has the right to file a response to the opposing party's pleadings and evidence within fifteen days of the deadline. A hearing date is then set after that. The parties have until twenty days before the hearing to submit further pleadings only for arguments conceived after the first pleadings and counter-pleadings were submitted and filed and arguments substantiated by documents or by confession of the opposing party. After then, the parties have until ten days before the hearing to file any counter-pleadings to the other party's supplemental pleadings.

The ‘hearing’ does not include spoken testimony in regular court processes. The court checks to see whether the parties have filed their petitions and then makes an announcement saying that the matter is heard, but no one shows up. Every step of the process is documented in a formal document. Except under exceptional circumstances, witnesses are not normally interrogated by the court. Additionally to the pleadings, witnesses might file affidavits to the court.

Until the hearing, the court will only consider the written pleas and supporting evidence filed to it. Brief oral summaries of the defense's main points are also provided. The hearing will take place orally, with the opportunity for cross-examination of witnesses. Each side has the opportunity to submit rebuttals to the other's claims, evidence, and testimony within five days after the hearing. The decision's release date is subject to the court's current caseload.

When the claim is proven simply by papers attached to the application, the court may make a payment order (without notice to the defendant and a hearing) upon the claimant's application. Although the payment order is not a judicial ruling, it is a legally binding title, and the defendant has the right to initiate a directed appeal.

CROSS BORDER LITIGATION

Improvements and simplifications in the cross-border service or notification of judicial and extrajudicial documents, cooperation in the taking of evidence, and recognition and enforcement of judgments in civil and commercial matters all fall under the purview of judicial cooperation in civil matters.

To facilitate the introduction and conduct of court or administrative proceedings and exchange information in civil law (substantive and procedural), the Ministry of Justice, Transparency, and Human Rights acts as the Central Authority for cooperation with the counterpart authorities of other countries. It also acts as an intermediary when it comes to the examination of witnesses and experts, transfers and delivery of documents, etc., between the judicial authorities of the State and their counterpart authorities of the contracting States.

Regulation (EU) No. 1393/2007 (except in Denmark) establishes a simple and short service procedure for judicial and extrajudicial documents in civil or commercial matters throughout the European Union, as does Regulation (EU) No. 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

If the country in question has not signed any bilateral or multilateral treaties, or if the aforementioned Regulation No. 1393/2007 does not apply, then service is made in accordance with article 134 of the GCCP by having the document to be served forwarded from the Prosecutor to the competent court. The Prosecutor is responsible for ensuring that the Ministry of Foreign Affairs delivers the document without undue delay. In addition, as stated in article 137 GCCP, the service abroad may be carried out by the organs established by the foreign law in accordance with the requirements of the foreign law.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN GREECE

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Greece process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A

Sources

1. The following steps are included in the new procedure: The deadlines for the following procedures are as follows: (a) service of the action within 30 days from filing for residents of Greece and 60 days for non-residents; (b) filing of pleadings within 90 days from the next day after the expiration of the deadline for service of the lawsuit for residents and 120 days for non-residents; (c) filing of rebuttal within 15 days from the deadline set for the filing of pleadings; and (d) appointment of judges and court composition within 15 days No later than ten days before to the case hearing, the responding party must file a response to the supplementary pleadings. It is possible to adjourn the hearing once for a substantial cause (see especially articles 237, 241 GCCP).

2. Per paragraphs 904 and 905 of the Greek Code of Criminal Procedure, only an enforceable title may be used to effect enforcement in Greece. Titles that may be enforced include final judgments, foreign judgments, conciliation records, etc., and decisions from any Greek court of law deemed provisionally enforceable.

3. Final court judgments have the effect of res judicata, as defined by article 321 of the GCCP, and cannot be challenged via regular channels of appeal.

4. For example, primarily disputes in regular procedures for claims with a matter value of above €30,000, and also some marital issues but no later than the point of submitting the court pleadings

5. The defendant's home country will determine whether the Hague Service Convention or Regulation (EC) 1393/2007 applies.

6. under Statute 3346/2005, they must be set within a year of the date of filing.

7. When a matter is scheduled before the Multi-Member Court of First Instance, the plaintiff may request a settlement conference by serving notice on the respondent. This conference has to happen no later than the thirty-fifth day before the trial, which is five days following the service of the action. Any party interested in obtaining affidavits from witnesses must first serve notice that they plan to do so at a specified place and time in the presence of a Justice of the Peace or a notary public.

8. The filing of the complaint and the scheduling of the hearing occur concurrently under ‘special processes.’ Each defendant must be served with the complaint and a notice of the hearing date at least 30 days before the hearing is set to take place (or 60 days if one of the defendants resides abroad or is of unknown residence).

9. In particular, the States (outside the European Union) who have acceded to it are bound by the Hague Convention (1965), ratified by Law 1334/1983 and went into force on 18 September 1983. In Article 10, Greece has solely voiced concern about postal service. All papers intended for service or notice in Greece must be prepared in Greek or a certified translation thereof (Hague Convention of 5 October 1961).