June 2020

Decision of the Athens Court of Appeal on the Annulment of a Payment Order of a Credit Institution

By decision No. 1791/2020 of the Athens Court of Appeal, the court annulled a final payment order of approximately EUR 170,000 due to lack of written evidence of a procedural requirement. In particular, when the application for an order for payment was lodged, the credit institution had not produced all the necessary documents proving that the claim at issue had been transferred to a special purpose company established in London and then re-transferred to the same credit institution. However, ' Ιn its application for an order for payment against the defendants, it did not rely on that special succession, nor did it attach the relevant written contracts, in particular the two successive contracts of sale and transfer of business receivables, on which its legal capacity as a creditor of the defendants-appellants was based, following a special succession, at the time of the order for payment, as required by the provisions of Articles ...'.