Enforcement of Judgments 2023 Comparisons

The identification of another party’s asset position can be very important when it comes to the enforcement of monetary claims. In contrast with claims for specific action(s)/omission(s)/tolerance, enforceable monetary claims are – by their nature – deemed to be satisfied through interference with the defendant’s property. As a rule, in order for an enforceable monetary claim to be satisfied as per the court (or tribunal)’s order(s), the claimant is in charge of identifying which of the defendant’s assets are likely to meet the amount of its successful claim. Naturally, this requirement involves investigative work, which may prove more fruitful if carried out prior to the issuance of the enforceable decision or award – or, where possible, even before the initiation of the proceedings.

Immovable Property

The necessary research for the above-mentioned purpose is considerably facilitated by public record-keeping. The most important source of publicly available information regarding another party’s asset position in Greece are land registries. Each public registry provides information on the ownership status of the immovable property located within its area of territorial competence. The relevant registrations indicate the status of a natural or legal person’s immovable property. The information is listed by the owner’s name (thereby facilitating person-oriented research) and stored on hard copy, accessible only to intermediaries (ie, attorneys, notaries) via an on-site visit to the registry.

Besides the aforementioned traditional title search, a new option has recently become available. Specifically, in an attempt to facilitate a more efficient title and encumbrances search, ministerial decision 11206/15.04.2021 (Government Gazette Β’ 1539/15.04.2021) stipulates that all the necessary information concerning the status of a person’s immovable property can be accessed remotely. Specified persons and professionals, including lawyers and court bailiffs, are now able to conduct a free-of-charge online search in respect of the titles that have already been digitised and can be found at the newly introduced cadastral offices. What is of essence is that this method of asset identification can be used at any point – ie, even prior to the initiation of judicial proceedings.

Movable Property

The identification of another party’s movable property is a more complicated procedure, subject to numerous restrictions under Greek law. It should be noted, from the outset, that no publicly available records are kept regarding the financial position of Greek citizens. Greek companies, on the other hand, are obliged to publish their annual financial statements in the Greek general commercial registry. The relevant financial statements are publicly accessible via the website of the general commercial registry.

In many cases, however, the assets identified via the accessible public records will not meet the amount of the claim. Complications resulting from difficulties in locating the defendant’s assets have been addressed by legislators through the insertion in the Greek Code of Civil Procedure (GCCP) of certain provisions aimed at the identification of the defendant’s assets during a later stage of the proceedings. More specifically, the court may order the defendant to submit a list of its assets in certain circumstances, which are specified in subsequent sections.

Summary

Apart from the foregoing, there are no other means by which a party can lawfully identify another party’s asset position within Greek jurisdiction.

Domestic courts’ judgments are divided into several categories, depending on various criteria.

On the basis of the participation or non-participation of all the parties to the proceedings, court decisions are classified either as default or contentious judgments. On the basis of their subject, court decisions can address the substantive claim or dismiss the case at an earlier stage owing to procedural nullities – ie, a claim may be deemed inadmissible and thus dismissed before the case is examined in its substance.

One of the most critical distinctions under Greek civil procedural law is based on the kind of protection sought by the claimant and granted (or denied) by the court. Judgments are classified accordingly as either declaratory, formative, or orders for specific performance.

Notably, all the decisions that reject the claimant’s action are classified as declaratory. A declaratory judgment confirms the existence or non-existence of the pertinent legal relationship, whereas an order for specific performance goes one step beyond by obliging the defendant to comply with the content of the decision through acts/omissions/acceptance of a legal status. In light of this, it is worth noting that an order for specific performance may be rendered as an executory title (as defined in 2.2 Enforcement of Domestic Judgments) under Greek civil procedural law. Formative judgments, finally, are the expression of the court’s (exceptional) power to modify an existing legal relationship and create a new legal status. One of the most distinctive examples in this respect is the court’s power to readjust contractual obligations in cases of frustration of the contract’s purpose.

Furthermore, court decisions are differentiated on the basis of their significance for the outcome of the proceedings and the extent to which they are binding into final and non-final judgments. The issuance of a final decision precludes the court from having the power to further examine the claim. Final decisions accept or reject, in total or in part, the main and/or auxiliary claim(s) and terminate the proceedings. They are therefore issued at the procedural stage when the court has formed a firm legal opinion on the matter brought before it. Non-final decisions, on the other hand, postpone the progress of the proceedings and/or order the conduct of certain procedural actions (preparatory to the final judgment on the case).

In terms of the procedural maturity of the case, final judgments can be further rendered definitive (when they cannot be subject to the ordinary remedies of appeal and/or opposition against default) or irreversible (when they are no longer subject to the extraordinary remedies of cassation and/or reopening). Definitive and irreversible judgments have the force of res judicata.

Ultimately, the efficiency of the judicial system is secured through the provision of injunctive relief by the court – either prior to the initiation of, or during, the proceedings.

The enforcement of judgments under Greek civil procedural law takes different forms, mainly based the nature of the claim pursued. More specifically, the GCCP contains different provisions with regard to the enforcement of claims for rendering movable assets, claims for rendering immovable assets, claims for action, claims for omission and/or acceptance, and monetary claims.

Another distinction is made on the basis of whether the enforcement is objective (ie, directed towards the debtor’s property) or personal (ie, directed towards the debtor) in nature. Objective enforcement can involve the debtor’s property in its entirety (“total enforcement”) or target the specific assets that suffice for the satisfaction of the creditor’s claim (“individual enforcement”). Total enforcement is initiated only in the event of bankruptcy proceedings, whereas claims pursued on the basis of the GCCP are always pursued on an individual basis. Furthermore, the methods of enforcement are also classified according to whether the satisfaction of the creditor is direct or indirect (judging by the immediate or indirect effect of the enforcement) and principal or auxiliary (judging by the exact or inexact relief of the debtor’s claim).

Finally, the enforcement of judgments is conducted automatically or carried out by means of material actions. An automatic enforcement takes place in the event that the defendant is condemned to a declaration of will (Article 949 of the GCCP), whereby the declaration of will is considered to be made (by way of a legal fiction) once the judicial decision has been rendered definitive. The most common way of enforcing a judgment, however, involves material actions.

Means of Enforcement

The means of enforcement available under Greek civil procedural law are set out in the GCCP and are limited to the following (numerus clausus of the means of enforcement):

• the removal of movable property;
• the eviction of the defendant from the real estate property;
• the attachment of the defendant’s property;
• the defendant’s personal detention;
• the compulsory administration of the defendant’s property; and
• (as a quasi means of enforcement) the defendant’s oath of manifestation.

Although the principle of free disposition of the subject matter of the trial is of paramount importance under Greek civil procedural law, it does not extend to the claimant’s freedom to choose the type and/or the means of the enforcement of its claim. This policy mainly reflects legislators’ inclination towards the protection of the public interest, in general, and the debtor, in particular, by establishing a transparent and foreseeable procedure in which all the parties involved can effectively exercise their legal rights. In the context of indirect enforcement for monetary claims, however, it must be highlighted that the creditor has the right to choose the means by and the items on which its claim will be enforced (cumulatively and/or sequentially).

Greek law does not provide for a gradus executionis regarding the means by or the items on which the claim will be enforced. Nonetheless, the prevailing opinion under Greek law holds that – although the freedom to choose the means of enforcement for monetary claims is absolute (provided that the conditions set forth by the law are met) – the freedom to choose the specific item on which the order will be enforced is subject to the provisions on the abusive exercise of rights (Article 281 of the Greek Civil Code). On that note, the creditor is advised to refrain from pursuing the attachment of the debtor’s immovable property if they can be fully satisfied through the attachment of movable assets.

Finally, insolvency proceedings are governed by a special regime, which is laid out in detail in the new Greek Insolvency Code (Law 4738/2020, as amended and in force).

Enforcement of Greek Court Decisions

The procedure followed for the enforcement of domestic court decisions (or other executory titles) is strictly regulated by Greek civil procedural law. More specifically, the GCCP sets out the procedural steps and formalities that must be followed for a claim to be enforced, as well as the procedural nullities that are imposed in the event that the pertinent provisions are not respected.

The main requirements for the provision of legal protection in the form of enforcement proceedings are:

• the existence of an executory title;
• the existence of a certain and fixed claim;
• the appending of an executory mark/formula to the executory title;
• the locus standi of the parties to the proceedings;
• the existence of a legitimate interest; and
• compliance with the procedure provided by law.

In this last regard, the procedural steps for the enforcement of a claim incorporated in an executory title runs as follows. Once the claimant holds an executory title, care must be taken so as to affix the executory title with the executory mark; otherwise, the procedure will be considered null and void. The executory mark is affixed to the original document, which is then kept with the court. Thereupon, the secretary of the court (or a notary, if the executory title is a notarial document) issues and delivers to the claimant a unique copy of the executory title, bearing the executory mark. This is known as apografo (the executory transcript).

In the event that the enforcement is initiated prior to the issuance of the executory transcript, the procedure is null and void. Following the issuance of the executory transcript, the claimant’s attorney must issue a copy thereof and arrange its service to the debtor. The service of the copy of the executory transcript to the debtor marks the initiation of the enforcement proceedings.

The GCCP contains detailed provisions concerning the service of documents, including the service of the copy of the executory transcript. Following a recent revision of the GCCP, the service of documents may also be carried out by electronic means (new Article 122A of the GCCP). In the event of intra-EU service of documents, Regulation (EC) No 2020/1784 applies as of 1 July 2022, replacing the Regulation (EC) No 1393/2007 (subject to the reservations regarding Denmark). The copy of the executory transcript is served to the debtor by a judicial officer (bailiff) and is accompanied by a mandate for voluntary compliance or compulsory enforcement (“executory mandate”). No further executory actions can take place for three working days following the service of the executory mandate.

If the debtor does not voluntarily abide by the mandate, the creditor may instruct the judicial officer to proceed with the enforcement. The executory instruction is noted in the executory transcript and must make express reference to the items on which the claim will be enforced. However, where the enforcement aims to satisfy a monetary claim, a mere reference to the attachment of the debtor’s property will suffice.

The time necessary for the enforcement of domestic judgments has been materially abridged following the extensive revision of the GCCP by virtue of Laws 4335/2015 and 4842/2021. This pursuit is mainly reflected in the GCCP’s provisions concerning the conduct of a forced auction. As per the current GCCP, the exact date of the auction must be provided in the attachment report and must take place between five and six months after the conclusion of the attachment proceedings (Article 954 of the GCCP, as amended by Law 4842/2021). If the auction is not eventually held on the date stipulated on the attachment report, a new auction is conducted within two months of the date upon which the interested party filed a statement for the continuation of the proceedings (Article 973 of the GCCP).

The aforementioned abridgement of the proceedings has been further enhanced by a reform of the procedure by which acts of enforcement are challenged. More specifically, in the event of an indirect enforcement, a challenge can be filed within 45 days of the date of the attachment and, in the event of a direct enforcement, the challenge can be filed within 30 days following the service of the mandate/precept for enforcement on the debtor (Article 934 of the GCCP).

Garnishee Orders

It has already been stressed that the right of the creditor to choose the means of enforcement only applies if the claim is a monetary one. In this instance, one of the most effective – and certainly among the most common – ways of satisfying the creditor is through the service of a garnishee order to any third party (eg, credit institutions where the debtor holds an account) who appears to be obliged to:

• pay money to the debtor (on the basis of a debtor’s claim against them); or
• transfer movable assets (eg, through their role as a custodian) to the debtor.

More specifically, in the event of service of a garnishee order, the third party is obliged to answer with a positive or negative third-party declaration within eight days following the service of such order. As of 1 January 2022, the relevant declaration can also be submitted using electronic means.

If the third-party declaration is omitted or is inaccurate, the third party (eg, the credit institution) is liable towards the creditor for any damage suffered due to the lack of declaration or its erroneous content.

Costs for Enforcing Domestic Judgments

Finally, as regards allocation of the costs incurred in the process of enforcing domestic judgments, the GCCP (Article 932) stipulates that the claimant must prepay the costs for the enforcement of its claim – even though eventually these will covered by the debtor. More specifically, the claimant must pay all costs necessary to conduct the enforcement proceedings (including bailiff fees, notary fees, attorney’s fees, stamp duties and the auction costs) and then recover the total amount from the debtor. The recoverable amount is limited to the expenses deemed necessary for the conduct of the enforcement proceedings and does not extend to amounts incurred due to the claimant’s error(s), negligence or excessive diligence.

As has already been indicated above, the determination of another party’s asset position can be – at least partly – accessed, even prior to the initiation of court proceedings, through publicly available sources (such as the immovable property registry and the general commercial registry).

In the event, however, that the claimant is successful in obtaining an enforceable judicial decision (or another executory title), it shall ultimately have access to private information concerning the defendant’s movable assets and claims towards third parties. The most common method of asset identification used by creditors holding an executory title is directed towards the amounts held in bank accounts in the name of the defendant.

With respect to access to the defendant’s bank accounts for the enforcement of monetary claims, this can be achieved by means of servicing a garnishee order to any branch of the Greek credit institutions in which the debtor may hold an account.

Following these remarks, it must be highlighted that during the past decade, the frequency of use of this method of enforcement has increased considerably. This development is mainly attributed to the fact that the scope and rigidity of the credit institutions’ confidentiality duty has been revised by the legislator (through the insertion of Article 24 of Law 2915/2001), thereby giving precedence to the claimant’s legitimate interest to enforce its claim. Thus, banking secrecy may no longer protect the debtor to the detriment of a claimant equipped with an executory title. The relatively small pool of credit institutions active in the Greek territory further facilitates the process.

Finally, the GCCP contains express provisions that enable the creditor to satisfy an enforceable claim if the above methods fail. More specifically, the debtor may be ordered to submit a list of its assets (including claims and immovable property that have been transferred to third parties up to five years before the filing of the claim for the submission of the list) if:

• the creditor’s enforceable claim is not fully satisfied or not likely to be fully satisfied through attachment procedures; and
• the creditor has filed a relevant claim to the court.

The debtor shall also take an oath (oath of manifestation), verifying that the submitted list includes all the aforementioned assets and that the debtor made every effort to identify all its property. This procedure is considered as a “quasi” means of enforcement (Article 952 of the GCCP).

As has already been indicated in 1.1 Options to Identify Another Party’s Asset Position, the enforcement procedure is strictly regulated under Greek civil procedural law. In conformity with this approach, any omission(s) and/or defect(s) linked to the enforcement procedure would typically lead to the declaration of the nullity of the procedural act, without a need to prove the incurring of any damage to the defendant thereof. This rigid perception regarding the adherence to procedural formalities is counterbalanced by the establishment of strict deadlines for the filing of such procedural objections, thereby ensuring that the protection of the debtor does not undermine the effectiveness of the enforcement procedure to the detriment of the creditor.

Grounds to File an Opposition

The debtor’s exclusive remedy against acts of enforcement is an opposition to the enforcement order (Articles 933 and 936 of the GCCP). The grounds on which the defendant can file an opposition against the enforcement pertain to:

• the validity of the executory title;
• the enforcement procedure; or
• the claim.

Following the most recent revision of the GCCP by Law 4842/2021, Article 938 of the GCCP – on the suspension of the enforcement proceedings – has been reinstated. The reinsertion of Article 938 in the GCCP enables the provisional protection of the defendant against acts of enforcement if:

• the enforcement would lead to an irreparable damage of the defendant; and
• the court believes that the opposition to the enforcement (filed under Article 933 or 936 of the GCCP) is likely to succeed. 

Process for Submitting and Ruling on an Opposition

The opposition to the enforcement is filed before the single-member court of first instance, unless the decision was issued by the district civil court (eirinodikio) – in which case, the opposition must also be filed before the latter. Apart from the debtor, the enforcement can be challenged by third parties with right(s) to the item(s) on which the order is being enforced (Article 936 of the GCCP). As of 1 January 2022, third parties can file – along with their opposition to the enforcement – an application to recover the item(s) on which the order is being enforced (Article 936 of the GCCP, as amended by Law 4842/2021).

The hearing of the opposition must be scheduled within 60 days following the filing thereof. The summons must be served to the defendant 20 days prior to the hearing.

The filing of an opposition to the enforcement initiates a trial on the enforcement procedure, which is governed by a special regime rather than the standard provisions on civil procedure. The GCCP adopts a tiered approach to opposition against the defectiveness and/or nullity of procedural acts. The enforcement procedure is formed by a chain of distinctive acts that simultaneously maintain their autonomy. More specifically, defects and/or nullities pertaining to each act are to be adduced by the filing of separate oppositions to the enforcement within separate timeframes.

If an act of enforcement is not challenged in a timely fashion, the alleged nullity and/or defectiveness is cured and cannot be brought before the court at a later stage. Moreover, although the individual acts of enforcement form a sequence, the annulment of a particular act does not affect the validity of the ones to follow. As a result, the effective protection of the defendant is achieved by the cumulative challenge of each part of the chain.

As per the GCCP (Article 933, paragraph 6), the court must issue its decision on the opposition to the enforcement within 60 days following the hearing of the case. No procedural defect or nullity arises, however, if the decision is issued after the lapse of the 60-day time limit.

Available Remedies

The provision on the remedies available for setting aside the court’s decision on the opposition to the enforcement (Article 937 of the GCCP) has been substantially amended by Law 4842/2021. Whereas under the previous regime the available remedies varied depending on the executory title, as of 1 January 2022, the court’s decision on the opposition to the enforcement can be challenged by any remedy apart from an application to set aside a default judgment.

Following the foregoing remarks, it should be emphasised that not all types of domestic court judgments are enforceable under Greek civil procedural law. Only definitive decisions that are issued in favour of an action for specific performance and/or decisions that have been declared by the court as provisionally (temporarily) enforceable are considered to be executory titles and, as such, enforceable under Greek civil procedural law.

The executory title is a document that incorporates claims satisfiable by means of enforcement. The acquisition of an executory title is the first requirement for the initiation of the enforcement proceedings. For the sake of clarity, it is noted that the executory titles under Greek civil procedural law are not limited to the definitive or provisionally enforceable decisions of Greek courts. Other executory titles include:

• arbitral awards;
• minutes of Greek courts that incorporate a settlement or the definition of judicial expenses;
• notarial documents;
• orders for payment and surrender of leased real estate property issued by Greek courts;
• foreign titles that have been declared as enforceable; and
• other orders or actions that are recognised by law as enforceable – for example, summaries of auction reports (as paragraph 2 of Article 1005 of the GCCP).

Court decisions are accessible exclusively to the parties to the proceedings and can be requested from the court. The relevant case file will be kept by the court, even after the satisfaction of the pertinent claim.

The enforcement of foreign judgments within Greek territory raises a number of legal issues. These stem mainly from the application of different pieces of legislation in the field of cross-border enforcement of judgments.

More specifically, although the GCCP contains provisions with regard to the enforcement of foreign judgments within Greek territory, it holds an express reservation in favour of the application of international treaties and EU regulations (Article 905 of the GCCP). For the sake of completeness, it should be clarified that – even without the GCCP’s reservation – the supremacy of ratified international treaties and EU law over Greek national law (such as the GCCP) derives from Article 28 of the Greek Constitution.

In view of the foregoing remarks, the procedural steps that must be followed in order to enforce of a foreign judgment in Greece vary according to the legal framework applicable on each occasion.

One of the most critical sources of legislation with regard  to the enforcement of foreign judgments in Greece is, as anticipated, EU law. The free circulation of intra-EU judgments in civil and commercial matters has consistently been one of the objectives of the EU. This ambition is distinctly reflected in the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the “EU Enforcement Regulation”). It should be noted, however, that the scope of the EU Enforcement Regulation excludes, inter alia, bankruptcy proceedings.

As regards intra-EU enforcement (and subject to the status of Denmark), Article 39 of the EU Enforcement Regulation provides that a judgment (including a decree, order, decision or writ of execution, as well as a decision on the determination of costs or expenses by an officer of the court) given in a member state of the EU – in addition to being enforceable in that member state – will be enforceable in any other member state without requiring any declaration of its enforceability.

Apart from the applicable provisions of EU origin, Greece has also entered into a number of bilateral or multilateral treaties (inter alia, with Georgia, Albania, Armenia, Lebanon, Ukraine) concerning the enforcement of foreign court decisions. Many of these are still in force and thereby supersede the provisions of the GCCP.

In view of the foregoing remarks and limitations, the scope of the GCCP is narrowed to the enforcement of decisions issued in states that cumulatively:

• do not fall within the scope of the EU Enforcement Regulation; and
• have not entered into an agreement for judicial assistance with Greece.

In the event that these conditions are met and the GCCP applies, the foreign title cannot be enforced prior to the declaration of its enforceability by the Greek courts.

The enforcement of foreign judgments within Greek territory is subject to certain limitations that are set out in detail in the pertinent pieces of legislation.

More specifically, the enforceability of intra-EU judgments is governed by the provisions of the EU Enforcement Regulation. As per Article 45 therein, the recognition of an intra-EU judgment will be refused:

• if such recognition is manifestly contrary to the Greek ordre public;
• if, where the judgment was given in default of appearance, the defendant was not served with the document that instituted the proceedings (or with an equivalent document) in sufficient time and in such a way as to enable them to arrange for their defence, unless the defendant failed to commence proceedings to challenge the judgment when it was possible for them to do so;
• if the judgment is irreconcilable with a judgment given between the same parties in Greece;
• if the judgment is irreconcilable with an earlier judgment given in another EU 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 Greece; or
• if the judgment conflicts with the provisions of the EU Enforcement Regulation with regard to special and exclusive jurisdictions (chapter II therein).

The enforceability of judgments that fall within the scope of international treaties, to which Greece is a party, must be assessed in light of the specific provisions of the applicable treaty.

Finally, as per the GCCP, a foreign title can be declared enforceable by the Greek courts if the following conditions are fulfilled:

• it is enforceable according to the law of the state of issuance; and
• it does not violate the Greek ordre public and/or boni mores.

In the event that the foreign title is a court judgment, the GCCP sets certain additional requirements for the recognition of its enforceability. The additional requirements to this effect are as follows:

• the foreign court that issued the decision must be competent to judge on the case as per the provisions of Greek international private law;
• the losing party was not deprived of the right to a fair trial (ie, the party was not deprived of the right to be heard, to defend its case, and to participate in the procedure on a pari passu basis); and
• the absence of an irreconcilable judgment of the Greek courts between the same parties on the same matter.

When it comes to the process for enforcing foreign judgments, Greek civil procedural law (as incorporated in the GCCP) makes no distinction between executory titles in terms of the process followed for the enforcement thereof. The distinction between domestic and foreign judgments only matters in terms of the insertion of the additional procedural stage of recognising the enforceability of foreign judgments.

The single-member court of first instance is responsible for declaring the foreign title as an executory one under Greek law. The territorial jurisdiction of the court is identified on the basis of the debtor’s domicile/seat or (if the relevant information is unknown) temporary residence. If the debtor’s whereabouts are unknown, the competent single-member court of first instance will be the one of Athens.

Apart from the foregoing, the procedure for the enforcement of a foreign judgment – provided that it has been declared as enforceable (if necessary) – is identical to the one for the enforcement of any other executory title.

The costs and time required for the enforcement of foreign judgments do not deviate from the standard enforcement of domestic court decisions. The progress of the enforcement proceedings may be slightly delayed if the foreign judgment needs to be declared as enforceable by the Greek courts.

As regards the allocation of costs between the parties, the relevant provisions of the GCCP apply. The party seeking enforcement must prepay the procedural cost and then recover it from the debtor. The recoverable amount is limited to the expenses deemed necessary to conduct the enforcement proceedings and does not extend to costs incurred as a result of the claimant’s error(s), negligence or excessive diligence.

As indicated in 2.5 Challenging Enforcement of Domestic Judgments, the exclusive remedy available against the acts of enforcement is  filing of an the opposition by the debtor (Article 933 of the GCCP) or a third party with rights to the attached property (Article 936 of the GCCP) – although provisional protection can be sought by virtue of Article 938 of the GCCP. The enforcement procedure may be challenged by the debtor on grounds pertaining to procedural nullities, to the claim, or to the validity of the foreign judgment. In this last regard, attention must be paid to the identification of the legal framework governing the prerequisites for a foreign judgment’s enforceability within Greek territory.

As per Greek civil procedural law (reflected in the GCCP), an arbitral award is a decision issued by one or more arbitrator(s) on the merits of a private law dispute. The enforcement of arbitral awards within Greek territory raises a number of legal issues, mainly stemming from the classification thereof into different categories (domestic/foreign, international/national) on the basis of different legislative sources.

The distinction between domestic and foreign arbitrations is based on the applicable lex arbitri. Where the parties have agreed to the application of Greek law as the lex arbitri (ie, if the seat of the tribunal is located in Greece), the arbitration is classed as a domestic one and will result in the issuance of a domestic award.

Domestic Awards

Domestic awards are further divided into national and international on the basis of the character of the dispute. This distinction reflects globally acceptable standards in the field and derives from Law 5016/2023. The new Law 5016/2023 replaces the Law 2735/1999 and aims to modernise the national rules on international commercial arbitration by taking into account:

• the 2006 amendments to the UNCITRAL Model Law of 1985 on International Commercial Arbitration (the “UNCITRAL Model Law”);
• the international developments and contemporary trends in the theory and practice of international arbitration; and
• the need for verbal and other relevant improvements to the text of the previous Law 2735/1999.

Law 5016/2023 is considered as lex specialis to the GCCP in terms of the procedural issues arising from enforcing international arbitral awards in commercial matters. Among other things, Law 5016/2023 provides a definition of international commercial arbitration and contains express provisions concerning the recognition and enforceability of arbitral awards made in Greece on the merits of international commercial disputes. A dispute is considered international if:

• the parties to an arbitral agreement have, at the time of signing the agreement, their places of business in different states; or
• one of the following places is situated outside the state in which the parties have their places of business:
1. the place of arbitration (if determined in, or pursuant to, the arbitral agreement);
2. any place where a substantial part of the obligations of the commercial relationship is to be performed; or
3. the place with which the subject matter of the dispute is most closely connected.

However, the new Law 5016/2023 gives the parties the right to agree on the applicability of the law, irrespective of whether the aforementioned conditions are fulfilled. National arbitrations are not expressly defined in Greek civil procedural law but, rather, in contrast to the definition of international and foreign arbitrations. More specifically, an arbitration (and the award issued thereby) is considered national if it is made in Greece and does not fall within the scope of Law 5016/2023 on international arbitration. National arbitrations are conducted pursuant to the GCCP.

The enforceability of domestic (ie, national and international) arbitral awards is expressly provided for in the GCCP and in Law 5016/2023. In the same spirit as court judgments, only the awards ruling in favour of a claim for specific performance are enforceable. Unlike domestic court judgments, however, domestic arbitral awards do not need to be definitive in order to be enforceable – given that they are not subject to a challenge through ordinary remedies (unless otherwise provided in the arbitral agreement). It is noted, for the sake of clarity, that arbitral awards dismissing the claim may be enforceable in terms of their provisions on costs.

Foreign Awards

As per Article 45 of Law 5016/2023, the recognition and enforcement of foreign arbitral awards in commercial matters is conducted pursuant to the provisions of Greek Legislative Decree 4220/1961, incorporating the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”).

As per Article 1 of the New York Convention, an arbitral award is considered foreign if it is made in the territory of a state other than the state in which the recognition and enforcement of such award are sought. This broad definition is, however, narrowed in view of the fact that Greece has incorporated the New York Convention under the reservations of Article 1, paragraph 3 thereof – ie, on a reciprocal basis and on the condition of the commercial nature of the dispute – and is a party to certain bilateral treaties (eg, with the USA, Cyprus, Germany, Romania, Lebanon, Hungary, Syria, Tunisia, Albania, China, Georgia, Armenia) that may take precedence over the New York Convention, depending on their antecedence to the New York Convention (Article 7, paragraph 1 of the New York Convention). Nevertheless, Article 45 of the new Law 5016/2023 explicitly states that all arbitral awards (foreign ones included) will be recognised as binding and declared enforceable, irrespective of the country in which they were rendered. As a result, according to the new Law 5016/2023, the aforementioned reservation of the New York Convention for reciprocity no longer applies in practice. However, it is worth noting that – pursuant to Article 28 of the Greek Constitution – the New York Convention as a ratified international treaty prevails over Greek national law (eg, Law 5016/2023).

As a result, the enforcement of foreign arbitral awards is regulated either by the New York Convention, the GCCP or a bilateral treaty.

Summary of the Recognition and Enforcement of Arbitral Awards in Greece

In view of the foregoing observations, the legislative framework regarding the recognition and enforcement of arbitral awards in Greece briefly stands as follows:

• national arbitral awards are enforced pursuant to the provisions of the GCCP, in the same spirit as domestic court decisions;
• international arbitral awards are enforced as per the provisions of Law 5016/2023; and
• arbitral awards issued by tribunals seated in a state other than Greece (foreign awards) are enforced either:
1. pursuant to the provisions of Law 4220/1961, if they pertain to a commercial dispute;
2. pursuant to the provisions of the GCCP, following the declaration of their enforceability (Article 906 of the GCCP), in the (rather unusual) event that they do not pertain to a commercial dispute; or
3. by one of the applicable bilateral treaties that Greece has entered into.

The procedural steps for the enforcement of arbitral awards within Greek territory vary depending on whether the arbitral award is classified as domestic, international or foreign. Please refer to 4.1 Legal Issues Concerning Enforcement of Arbitral Awards for further details.

More specifically, as indicated in 2.6 Unenforceable Domestic Judgments, domestic arbitral awards are included in the exclusive list of executory titles. They are therefore enforceable ipso iure, without a need for judicial ratification. Foreign arbitral awards, on the other hand, are subject to different provisions, which are further diversified according to the nature of the dispute to which they pertain.

Most types of arbitral awards are enforceable in Greece. The distinction between national, international and foreign awards only affects the procedural steps that must be observed in order for the award to be enforced; it does not influence the outcome of the procedure.

More specifically, in the same spirit as civil courts’ decisions, only awards issued in favour of a claim for specific performance are enforceable and thereby classed as executory titles.

When it comes to the process of enforcing arbitral awards in Greece, a distinction may be drawn right from the outset between the enforcement of:

• a national arbitral award;
• an international arbitral award; and
• a foreign arbitral award.

National Arbitral Awards

The enforcement of national arbitral awards is achieved, to a great extent, in the same manner as the enforcement of domestic court decisions – given that the final national arbitral awards are listed in the GCCP as executory titles and hence are enforceable ipso iure. Unlike domestic court judgments, however, national arbitral awards do not need to be rendered definitive in order to be enforceable – given that they cannot be challenged through ordinary remedies (unless otherwise stipulated in the arbitral agreement).

International Arbitral Awards

The enforcement of international arbitral awards in commercial disputes is conducted in accordance with Law 5016/2023. It should be emphasised that the provisions of Law 5016/2023 – while mainly reflecting the UNCITRAL Model Law – are partly differentiated therefrom. More specifically, as per the UNCITRAL Model Law, the party applying for the enforcement of an international award would have to supply:

• the duly authenticated original award (or a duly certified copy thereof);
• the original arbitral agreement (or a duly certified copy thereof); and
• a duly certified translation thereof into Greek (if the award or agreement was not made in Greek).

Law 5016/2023, on the other hand, makes no reference to these procedural prerequisites. Instead, it stipulates that international arbitral awards have the force of res judicata and are enforceable upon their issuance.

A further divergence from the UNCITRAL Model Law is adopted in relation to the enforceability of interim measures. Unlike the UNCITRAL Model Law, Law 5016/2023 does not empower the arbitral tribunal to order enforceable interim measures without the involvement of the Greek civil courts. More specifically, the interim measures ordered by the arbitral tribunal must be appended with the executory formula in order to be considered enforceable. Article 25 of the new Law 5016/2023 does not adopt all the grounds for refusing recognition or enforcement set out in Article 17 (I) of the UNCITRAL Model Law. The recognition or enforcement of the interim measures will be refused:

• on grounds of public policy, within the meaning of Article 43(2)(b)(bb) of Law 5016/2023; and
• in cases where the national courts would have already been seised, upon relevant request, to order a similar interim measure.

Foreign Arbitral Awards

As regards foreign arbitral awards falling within the scope of Legislative Decree 4220/1961, their enforcement is conducted in accordance with the New York Convention. More specifically, as per Article IV of the New York Convention, in order to obtain the recognition and enforcement of a foreign arbitral award, the applicant must – at the time of the application – supply:

• the duly authenticated original award (or a duly certified copy thereof); and
• the original agreement referred to in Article II of the New York Convention (or a duly certified copy thereof).

If the award or agreement is not Greek, the party applying for recognition and/or enforcement of the award shall produce the Greek translation of these documents. As per the New York Convention (and the ratifying Greek Legislative Decree 4220/1961), the translation must be certified by an official or sworn translator or by a diplomatic or consular agent. In this respect, the Greek courts have accepted that lawyers fall within the scope of “official translators” and are therefore qualified to provide the required translations.

The aforementioned documents (ie, the award, arbitral agreement and – where applicable – the translations) are essential for the admissibility of the claim and their existence is examined by the court ex officio.

Finally, foreign arbitral awards that do not fall within the scope of Legislative Decree 4220/1961 are not enforced pursuant to the New York Convention but, rather, in accordance with the provisions of the GCCP on the enforcement of foreign arbitral awards. The procedure followed for the enforcement of a foreign arbitral award in Greece is similar to the one for foreign judgments. The party wishing to enforce a foreign arbitral award in Greece must file an application for its recognition and enforcement before the single-member court of first instance of the residence (or the temporary domicile) of the debtor (or, in the event of unknown residence and temporary domicile, before the Single-Member Court of First Instance of Athens). The application is heard in ex parte (non-contentious) proceedings, subject to the court’s power to summon any third party with a legitimate interest to take part in the proceedings (Articles 906, 747 and 748 of the GCCP).

Apart from the foregoing remarks, the procedure provided for the enforcement of arbitral awards is identical to the one provided for the enforcement of any other executory title. However, the power of an arbitral tribunal to issue an enforceable award does not add up to a power of ordering the competent judicial officers to proceed with compulsory enforcement. In other words, even if the intervention of a domestic court is not necessary for the declaration of an award’s enforceability, it is inevitable in the context of compulsory enforcement – owing to strict public policy concerns entangled with the enforcement procedure.

The costs and time required for the enforcement of arbitral awards do not deviate from the standard enforcement of domestic court decisions. The progress of the enforcement proceedings may be slightly delayed if the enforceability of the arbitral award needs to be declared by the Greek courts (ie, in the event of enforcement of foreign arbitral awards).

As regards the allocation of costs between the parties, the parties are free to include a clause in their arbitral agreement. In the absence of such clause, the matter is resolved by the arbitral tribunal in accordance with the lex fori (ie, Greek civil procedural law). As a result, the party seeking enforcement must prepay the procedural cost and then recover it from the debtor. The recoverable amount is limited to the expenses deemed necessary for the conduct of the enforcement proceedings and does not extend to amounts incurred as a result of the claimant’s error(s), negligence or excessive diligence.

The Greek legislative framework on the delivery and enforcement of arbitral awards does not (in principle) deviate from the internationally dominant standards in the field. The process of challenging arbitral awards is no exception to this rule.

It has already been indicated that the exclusive remedy available to the debtor against the acts of enforcement is an opposition (Article 933 of the GCCP) and provisional protection (Article 938 of the GCCP). The enforcement procedure may be challenged on grounds pertaining to procedural nullities, to the claim, or to the validity of the arbitral award. In this last regard, attention must be paid to the identification of the legal framework governing the prerequisites for the award’s validity.

National Arbitration

As regards national arbitration, the parties can request the annulment of the award partially or in its entirety, if:

• the arbitral agreement is declared null and void;
• the award was issued after the termination or expiry of the arbitral agreement’s effective term;
• the choice of arbitrators was not in compliance with the terms of the arbitration agreement or the law (or the arbitrators have been revoked or exempted);
• the arbitrators have surpassed the powers granted to them by the arbitral agreement or the law;
• the award was not issued in compliance with the principles of parties’ procedural equality and/or the arbitrators did not reach a decision in a way abiding by the arbitral agreement or the law and/or formal requirements of the arbitral award were not respected;
• the award offends the Greek ordre public and/or boni mores;
• the award is incomprehensible or includes contradictory statements; or
• one of the grounds for the reopening of a trial is met.

In addition to the above, the GCCP contains specific provisions concerning the declaration of the award as non-existent owing to:

• entire lack of arbitral agreement;
• inarbitrability of the subject matter of the dispute; or
• non-existence of a party to the proceedings.

International and Foreign Arbitral Awards

International arbitral awards that fall within the scope of Law 5016/2023 may be set aside if the claimant furnishes proof that:

• a party to the arbitral agreement did not have the capacity to do so under the applicable law;
• the arbitral agreement is not valid under the law to which the parties have subjected the arbitration agreement or the law of the seat of the arbitration or finally the law governing the parties’ essential agreement;
• the arbitral tribunal found that it lacked jurisdiction despite the existence of a valid arbitration agreement;
• the claimant was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings (or was otherwise unable to present their case);
• the award deals with a dispute not contemplated by (or not falling within) the terms of the submission to arbitration or the award contains decisions on matters beyond the scope of the submission to arbitration – provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award that contains decisions on matters not submitted to arbitration may be set aside;
• the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with Law 5016/2023; or
• the sixth and/or tenth ground for the extraordinary remedy of reopening provided in Article 544 of the GCCP are fulfilled.

Moreover, when examining the application to set aside the award, the court ex officio examines whether:

• the subject matter of the dispute is inarbitrable under Greek law; and
• the award is in conflict with the Greek ordre public, in the meaning of Article 33 of the Greek Civil Code – regardless of whether national or foreign law was applied in that particular case.

The enforceability of foreign arbitral awards in commercial disputes is regulated in accordance with the provisions of the New York Convention. As per the relevant provisions, foreign arbitral awards in commercial disputes are presumably enforceable. However, the recognition and enforcement of the award may be refused at the request of the party against whom it is invoked, only if that party provides the Greek courts with proof pertaining to:

• the arbitral agreement’s invalidity;
• the inability of the party against which the award was invoked to present its case (particularly if it was not given proper notice of the arbitral proceedings);
• the award deciding beyond the scope of the arbitral agreement;
• the non-conformity of the composition of the arbitral tribunal or the arbitral procedure with the arbitral agreement or the applicable law; or
• the lack of a final and conclusive award.

Recognition and enforcement of an arbitral award may also be refused if the Greek courts find that:

• the subject matter of the dispute is inarbitrable under Greek law; or
• the recognition or enforcement of the award would be contrary to the Greek ordre public.

The enforceability of foreign arbitral awards that do not pertain to commercial disputes is regulated by the GCCP. In these disputes, the award will be declared enforceable by the court of first instance unless:

• the arbitral agreement is invalid under its governing law;
• the subject matter of the dispute is inarbitrable under Greek law;
• the foreign award is not yet final and conclusive;
• the defendant was deprived of their right of defence in the course of the arbitral proceedings;
• a Greek court judgment has been issued on the same dispute between the same parties; and
• the award violates the Greek ordre public and/or the boni mores.

The mere challenge of an arbitral award before the Greek civil courts does not affect the validity of the enforcement proceedings. The only remedy to which the enforcement proceedings are subject is opposition to the enforcement.