November 2020

Judgment of the Athens Court of First Instance on the annulment of a payment order

Published the decision of the Athens Court of First Instance No. 14246/2020 on the annulment of a payment order, due to lack of written proof, as the extracts from the computerized commercial books submitted by the defendant - for the proof of the claim - did not carry the required certificate of authenticity. As the court observed:  '...although there is a certificate on the photocopy from the defendant's attorney that the photocopy is accurate, however, there is not and was not reflected in the photocopy of the printout, on the last page of the photocopy, a certificate from the bank employees who made the printout as to the authenticity of the printout.... Therefore, since the certified copy of the extracts of the above accounts does not bear the required elements to have the evidentiary value provided for by the procedural agreement of the parties on the reduction of the extracts from the bank's commercial books to a document proving its claim against the debtor, it does not constitute a document that meets the requirement of the provisions of Articles 444 para. 1 and 448(1) of the Civil Code and 448(1) of the Civil Code. 1 of the CCP and may legally support the issuance of a payment order against the loan debtor and, therefore, the defendant's claim arising from the loan agreement at issue is not evidenced by public or private documents with legal or contractual evidentiary value...'.