October 2020

Decisions of the Patras Magistrates' Court of First Instance on the annulment of payment orders

Decisions No 555 and 554/2020 of the Patras Court of First Instance on the annulment of payment orders for a total alleged amount of EUR 1.600.000 due to lack of written proof were published. As the court observed:  "...the documents which the defendant attached to its application and submitted to the Judge who issued the contested payment order do not constitute extracts from its commercial books, showing all the movements of the accounts maintained under the contract in question, but are copies of monthly movements of the account maintained, which were sent to the debtor bank for its information. These documents, however, did not constitute private documents capable of proving the defendant's claim, in accordance with the aforementioned clause 8. 3 of the loan agreement, as they did not bear the particulars of the extract from its computerised books, signed by an employee, lawyer or other legally authorised person, as provided for in the abovementioned contractual clause, which does not give the monthly copies of the accounts, which do not bear the abovementioned characteristics, the same full probative value'.