Decision No. 3555/2024 of the Multi-Member Court of First Instance of Athens has been published, which rejected as vague the lawsuit filed by a loan claims management company against our client, which sought to revoke the completed property transfer transaction from our client to a third party.
Specifically, the management company cited an alleged claim against our client in her capacity as guarantor of a loan agreement (credit through open current account) for which a Payment Order had been issued against her, which had not yet become final.
According to Article 939 of the Civil Code, creditors have the right to demand the revocation of any alienation made by the debtor to their detriment, provided that the remaining assets are insufficient for their satisfaction. This presupposes that the creditor has a claim against the debtor (this concept includes the guarantor in a loan agreement), which existed at the time the latter attempted the alienation, with intent to harm the creditor consisting in the insufficiency of the debtor's remaining assets to satisfy the creditor's claim.
In this case, it was ruled that for the lawsuit to be specific, the creditor must initially present in their lawsuit the individual credit items of the current account, attaching the corresponding excerpts from their commercial books from which the account balance should be evident. The creditor is only exempt from this obligation when they cite recognition of the balance by the debtor or guarantor, or res judicata regarding the validity and amount of the claim after the final confirmation of the contested Payment Order (either through final rejection of the opposition or through the lapse of deadlines for filing opposition).
The Court, ruling that no such citation was made by the opponent, concluded that the latter was required, for the lawsuit to be specific, to incorporate the account transactions showing the balance in the introductory document, and this omission cannot be remedied during the hearing of the lawsuit, and therefore rejected the lawsuit as vague.
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