May 2024

Temporary Order of the Athens Court of Appeal suspending the execution of an eviction

Recently, the Presidentof the Athens Court of Appeal accepted our client's request for the issuance of a temporary order dated 28.05.2024. This order aimed at temporarily suspending the execution of an eviction order for our client's auctioned property (Article 938 of the Code of Civil Procedure), which was served by the highest bidder.

Specifically, in 2022, our client's property, with an area of 300 square meters and a commercial value of at least €400,000, was auctioned for only €140,000. At the same time, our client's debt from private borrowing did not exceed €12,000. To annul the auction and the corresponding eviction order, an objection (under Article 933 of the Code of Civil Procedure) was filed before the Single-Member Court of First Instance of Athens, highlighting substantial procedural errors in the auction process. However, this objection was dismissed. To overturn the related decision of the Single-Member Court of First Instance of Athens, an appeal was filed. Under the threat of immediate execution of the eviction order, a request for the issuance of a temporary order was submitted to temporarily suspend the contentious eviction order until the hearing of the interim measures application.

The President of the Court, before whom the said request for a temporary order was discussed, accepted our request. She considered the potential harm to our client's interests from the execution of the eviction order, taking into account his age and health issues, and the validity of the reasons for the appeal filed by our client to overturn the first-instance decision. Our client retains possession of the residence, supported by a related decision from the Athens Court of First Instance in interim measures proceedings.

The court's provision is significant as it acknowledges that suspension by the appellate court is possible even in the context of immediate execution, through the analogous application of relevant provisions or in the context of regulating the situation.