June 2022

Judgment of the Athens Court of First Instance on the annulment of the seizure report

The decision of the Athens Court of First Instance No. 710/2022 was issued, which annulled a report of forced seizure, pursuant to which an auction was to be held against the debtor's property by a debt management company for an alleged debt of approximately one million euros. The court found a valid ground of appeal based on a procedural defect in the execution. As we have mentioned elsewhere on our website, the enforcement procedure is formal and strict in order to protect the debtor. Defects in the enforcement acts may result in them being declared invalid or "voidable". These defects are subject to the nullity objection under Article 933 of the Code of Civil Procedure, under which the competent court, if the grounds of the objection are upheld, declares the contested enforcement act null and void. Each defect is treated differently, sometimes a plea of procedural harm is required, and in any case a thorough study of the file is required to protect the interests of the debtor-applicant. 

For more see here and here.