JT Law's Sydney team
Article 905 of the Greek Code of Civil Procedure determines the procedure and the preconditions, in order to execute a foreign
judgement in Greece. The procedure of declaring a foreign title executable in Greece is important for two reasons: a) to
determine that the requirements set by law are met, in order to b) issue a judgment directing the relevant Greek authorities
to execute the foreign title. Based on the applicable Greek laws, an agreement of the interested parties, allowing for them to
proceed with execution without having the title declared executable by a judgment, is invalid, even when the lawful
requirements are met. Therefore, the applicable Greek Laws, regarding the process to be followed, are mandatory. The
requirements and conditions set by the Greek laws, in order to declare a foreign title executable in Greece are the following:
1) The existence of a foreign title (i.e. a title issued in the name of a foreign
State): this can be a Court judgment as well as any other document, provided it is considered lawful and valid according to the
laws of the foreign State (that is, that it was issued by an Authority or person that had the power to act so). Examples of
documents that cannot be declared executable in Greece are: checks (because they do not constitute a document issued in the
name of a foreign state), private agreements or compromises (because they are not titles) or titles that mandate an act or
omission that cannot be forced, such as an act of marriage. It must be noted that, when the foreign title is a Court judgment,
this does not have to be final, as long as it is deemed executable according to the laws of the State where it was issued (such
as a temporary injunction Order).
2) The title must be executable where it was issued: it is irrelevant whether the
title is also deemed executable in Greece. The title must still be executable at the time that the request for the declaration
of its execution in Greece is filed (therefore, if the foreign title was originally executable but seized to be so at the time
that the Greek Courts examine the relevant petition, the title cannot be declared executable in Greece).
3) The contents of the foreign title must not oppose the public order
4) The foreign title must not offend the morality and customs of the Greek society:
examples of titles that offend the morals and customs are titles or judgments that grant excessive interest that exceeds the
5) The lack of existence of a treaty in force between Greece and the foreign State,
If the foreign title is a Court judgment, the following additional conditions must also be met:
6) That the judgment is considered a Court judgment by the foreign State that remains in
force (in other words that the lawful conditions have been met and that it has been issued in accordance to the foreign
7) That the judgment regulates a private matter
8) That the judgment is deemed executable based on the laws of the foreign State,
where it was issued.
9) That the issuing Court had jurisdiction.
10) That the losing party was not deprived of his or her right to participate in the trial
and defend himself or herself.
11) That the foreign judgment does not oppose the judgment of a Greek Court issued between
the same parties on the same matter.