December 2021

Payment Order of 200.000 euros based on an Electronic Document bearing a Simple Electronic Signature

The payment order No. 11529/2021 of the Judge of the Athens Court of First Instance was issued, ordering our client's opponent to pay the amount of approximately 200.000 euros. The claim related to a debt from a sales contract. The particular legal issue addressed was that of the evidential value of an electronic document with a simple electronic signature. The Judge accepted that an electronic signature with a simple electronic reference to the name of the issuer or the name of a legal person at the end of the electronic document can also support an application for a payment order as a mechanical representation (Article 444(2) CCP). This is because as a document within the meaning of Articles 623 et seq. This is because, under Article 623 of the CCP, not only a document containing a legal will (a disposition document) but also a testimonial document is understood. It follows from this that an electronic document as a mechanical representation does not need to bear an advanced electronic signature of the issuer to support an application for an order for payment (based on an informal contract), but a simple one is sufficient. As mentioned in the relevant application: 'Because under Article 444(1) para. 3 of the CCP, photographic or cinematographic representations, voice recordings and any other mechanical representation are also considered private documents. Furthermore, according to Article 448(1)(b) of the Criminal Procedure Code, "the use of photographic, audio and video recordings and other forms of photography', 'the use of photographic, audio and video recordings' and 'the use of electronic media'. 2 CCC, the documents referred to in point (c) of Article 444(1)(1) constitute full proof of the facts or things they record, but counter-proof is permitted'.