January 2022

Interim Order of the Arta Court of First Instance suspending the enforceability of a payment order of approximately EUR 130.000

The interim order of 28/1/2022 of the Arta Single Judge Court of First Instance was issued, by which the court ordered the suspension of the enforceability of a Payment Order of approximately 130,000 euros, which was issued following an application on behalf of a credit institution in special liquidation. In particular, the court ordered the following: 'The application for an interim order is granted, namely (a) to suspend the enforceability of the order for interim relief No. .... (b) temporarily order the non-display in the records of financial conduct data maintained by or for the benefit of credit or financial institutions of the applicant's allegedly overdue debt to the defendant, on the basis of which the order for payment No.  2, the possibility of imposing a conservative seizure in the hands of third parties, namely banking institutions, as well as the movable and immovable property of the applicant, pursuant to order No. .... payment order ....'. The interest of the case lies in the admission of the requests, on the one hand, not to appear in the records of 'Tiresias' and other companies that keep records of financial behaviour and, on the other hand, to suspend the possibility of imposing a conservative seizure. Particularly decisive, moreover, was our client's claim that the payment order was issued after a positive decision had in the meantime been made in his favour by a court of first instance in an action challenging the debt and an appeal was pending on behalf of the credit institution. Therefore, while the alleged debtor's claims had not yet been finally decided in his own action and while he had already been successful at first instance, the credit institution applied to issue a payment order in disregard of the existing judgment.