The decision of the Athens Court of First Instance No. 4822/2021 on the suspension of the enforceability of an issued payment order of approximately 350,000 euros was issued, so that the enforcement procedure cannot continue while two individual auctions were pending. What is special about this decision is that it was issued following an appeal against a decision of the first instance which had been heard in absentia by the debtor and the opposing party. The Court of First Instance held that the appeal would make the first instance judgment disappear in accordance with Article 528 of the Code of Civil Procedure, since it would be upheld not only in form but also in substance. Accordingly, it granted the application for suspension of operation, assuming that the appeal, rather than the opposition lodged, would be allowed. In particular, it was held that: ‘It is therefore probable that the appeal in question will be admitted both in terms of form and, in accordance with the provisions of Article 528 of the CCP, in terms of substance (… ) which would have the effect of making the judgment appealed against disappear, to keep the case, to be heard by the court of appeal and to investigate the petitioners’ appeal of 25-7-2013 against the respondents in respect of its legal and substantive merits, in the absence of the parties’.

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