PART A – INTERVENTIONS IN THE CODE OF CIVIL PROCEDURE FOR HARMONISATION WITH LAW 5108/2024 BEFORE CONSOLIDATION OF THE FIRST JURISDICTION OF CIVIL AND CRIMINAL JUSTICE COURTS – (Articles 1-51)

CHAPTER I

PURPOSE – SUBJECT MATTER

Article 1

Purpose

The purpose of this Part is to assist the work of the judicial authorities, to contribute to speeding up the administration of justice and to improve the quality of the services provided to citizens, in particular by avoiding the delay in issuing court decisions, by aligning the Code of Civil Procedure with Law 5108/2024 (GG I 65), consolidating the first instance jurisdiction of civil justice.

Article 2

Subject matter

The purpose of this Part is to amend the Code of Civil Procedure (Presidential Decree 503/1985, Government Gazette, Series I, No 182), in particular to amend:

a) the First Book of the Code of Civil Procedure, concerning its general provisions;

b) the Second Book of the Code of Civil Procedure, on proceedings in the courts of first instance;

the Third Book of the Code of Civil Procedure, on appeals and objections;

the Fourth Book of the Code of Civil Procedure on Special Procedures;

e) Book Five of the Code of Civil Procedure, on interim measures;

Book Six of the Code of Civil Procedure on non-contentious proceedings; and

Book Eight of the Code of Civil Procedure on Enforcement.

CHAPTER II

GENERAL PROVISIONS – AMENDMENT OF THE FIRST BOOK CODE OF CIVIL PROCEDURE

Article 3

Material jurisdiction of single-bench courts of first instance – Replacement of Article 14 of the Code of Civil Procedure

Article 14 of the Code of Civil Procedure (Presidential Decree 503/1985, Government Gazette, Series I, No 182), on the jurisdiction of small claims courts and single-member courts of first instance for an amount, is replaced as follows:

"Article 14

Substantive jurisdiction of single-bench courts of first instance

The single-member courts of first instance shall have jurisdiction over all disputes which can be valued in money and the value of which does not exceed EUR 250 000.’
Article 4

Exclusive jurisdiction of single-bench courts of first instance – Amendment of Article 16 of the Code of Civil Procedure

Article 16 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the jurisdiction of single-member courts of first instance, irrespective of the amount, makes the following amendments:

a title is added;

in the introductory paragraph, the words 'even if the value of the dispute exceeds EUR 250 000' shall be replaced by 'always';

c) in approx. 1, the words 'or sharecropping outside the jurisdiction of the district courts' shall be deleted;

d) in approx. 7, the words ', other than those referred to in Article 15(11)' shall be deleted;

e) add approx. (13) to (24) and Article 16 reads as follows:

‘Article 16

Exclusive jurisdiction of single-bench courts of first instance

The jurisdiction of single-bench courts of first instance shall always lie with:

(1) disputes arising out of the hiring-out of a property or other lucrative object;
(2) disputes arising out of the performance of employment or from any other cause in connection with such employment between the employees or their successors in title or those to whom the law confers rights by virtue of the performance of the employment of the former and their employers or successors in title;
(3) differences arising from the performance of employment or from any other reason in connection with such employment between those who work jointly for the same employer;
4) differences between professionals or craftsmen, either among themselves or with their customers, in the supply of work or articles manufactured by them;
(5) disputes arising out of a collective agreement or provisions assimilated to provisions of a collective agreement, either between those bound by them or between them and third parties;
disputes between social security institutions and persons insured with them or their successors in title or those legally entitled under the insurance relationship;
7) disputes concerning the fees, compensation and expenses of lawyers, notaries, unpaid bailiffs, doctors, dentists, graduate midwives, veterinary surgeons, engineers and chemical graduates of higher and higher schools, legally appointed brokers or the universal successors of all of them, whatever the relationship from which they arise and regardless of whether or not there is an agreement on the determination of the fee or on the method of its payment;
8) disputes concerning claims of arbitrators, executors of wills, administrators of property against floors or administrators appointed by a judicial authority, liquidators of companies or legal persons or inheritances or universal successors of all of them for their fees and expenses, whether or not there is an agreement on the determination of the fee or on the manner of its payment;
9) differences relating to the percentage or payment of the premium;
(10) disputes concerning the fees, indemnities and expenses of experts, arbitrators, experts and assessors, however appointed, or their universal successors in title;
11) disputes concerning claims for compensation of any kind for damage caused by a motor vehicle, between the beneficiaries or their successors in title and those who are liable for compensation or their successors in title, as well as claims under a motor insurance contract, between the insurance companies and the insured persons or their successors in title;
(12) disputes arising from infringement of possession or possession of movable or immovable property;
13) the differences between the owners of floors or apartments from the relationship of the property, as well as the differences between the managers of property on floors and the owners of floors and apartments;
14) differences from sharecropping,
15) disputes concerning damage to trees, vines, fruits, crops, roots, and plants in general, caused by illegal grazing of animals or by any other means;
16) disputes concerning the determination of distances required by laws and regulations or local practices for the planting of trees or plantations or for the erection of hedges or for the digging of ditches;
17) disputes concerning the obstruction of the free use of roads and paths, as well as the damage caused by the obstruction of the free use of roads and paths;
18) differences concerning the use of running water or the prevention of its use;
19) disputes arising from the sale of animals, due to actual defects or lack of agreed qualities;
20) disputes arising from the provisions of Articles 1003 to 1009, 1018 to 1020 and 1023 to 1031 of the Civil Code, as well as those relating to damages caused by their violation;
21) disputes arising from the provisions of Articles 834 to 839 of the Civil Code;
(22) disputes arising out of a contract for the carriage of persons by any means in respect of claims arising therefrom on carriers or their universal successors in title;
disputes concerning the rights or indemnities or expenses of witnesses heard in any court or arbitrators, as well as those concerning the rights or indemnities or expenses of interpreters, escrow agents, and guards, however appointed, and their universal successors; and
disputes concerning the claims of associations and cooperatives against their members or universal successors in title in respect of the contribution due to them, as well as disputes concerning the claims of their members or universal successors in title against associations and cooperatives in respect of pecuniary or other benefits.';

Article 5

Exceptional jurisdiction of single-bench courts of first instance – Amendment of Article 17 of the Code of Civil Procedure

Article 17 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the jurisdiction of single-member courts of first instance, irrespective of the amount, makes the following amendments: (a) a title is added; (b) after the word ‘always’, the word ‘and’ is added; (c) Article 17 shall be repealed and, following legislative improvements, shall read as follows:

"Article 17

Exceptional jurisdiction of single-bench courts of first instance

The jurisdiction of single-bench courts of first instance shall always extend to: 1) disputes concerning divorce, annulment of the marriage, recognition of the existence or non-existence of the marriage, the relations of the spouses during the marriage, which arise from it, as well as those of 2 of Article 592, (2) the disputes referred to in 3 of Article 592, as well as those relating to the regulation of the family home and the distribution of movable property between spouses in the event of termination of cohabitation, 3) [Repealed], 4) disputes relating to the annulment of decisions of the general meeting of associations or cooperatives.’

Article 6

Jurisdiction of multi-bench courts of first instance – Replacement of Article 18 of the Code of Civil Procedure

Article 18 of the Code of Civil Procedure (Presidential Decree 503/1985, Government Gazette, Series I, No 182), on the jurisdiction of multi-member courts of first instance, is replaced as follows:

"Article 18

Jurisdiction of multi-bench courts of first and second instance

The jurisdiction of the multi-bench courts of first instance covers all disputes for which the single-bench courts of first instance do not have jurisdiction.
Appeals against decisions of single-member courts of first instance in their region shall also fall within the jurisdiction of the multi-member courts of first instance:

a) when the value of the subject matter of the dispute does not exceed thirty thousand (30,000) euros,

b) of approx. (1) Article 16, provided that the agreed monthly rent does not exceed eight hundred (800) euros;

c) of approx. (2) to (13) of Article 16, provided that the value of the dispute does not exceed EUR 30 000;

d) of approx. (14) to (24) of Article 16, irrespective of the value of the subject-matter of the dispute.’;
Article 7

Jurisdiction of courts of appeal – Replacement of Article 19 of the Code of Civil Procedure

Article 19 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the jurisdiction of the courts of appeal, is replaced as follows:

‘Article 19

Jurisdiction of courts of appeal

The jurisdiction of single-judge courts of appeal covers appeals: a) against the decisions of the single-member courts of first instance of their region, for which the multi-member courts of first instance are not competent in accordance with Article 18(2) and b) against the decisions of Article 17. Appeals against the decisions of the multi-member courts of first instance of their region shall fall within the jurisdiction of the three-member courts of appeal.’

Article 8

Jurisdiction of multi-bench courts of first instance for ancillary cases within the jurisdiction of single-bench courts of first instance – Amendment of Article 31(2) of the Code of Civil Procedure

In Article 31(2) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182) on jurisdiction in ancillary disputes, the words ‘of the single-bench court and the small claims court, and the jurisdiction of the single-bench court of first instance hearing the main proceedings shall cover ancillary cases falling within the jurisdiction of the small claims court’ are replaced by the words ‘of the single-bench court of first instance’ and paragraph 2 shall read as follows:

‘2. The jurisdiction of the multi-bench court of first instance hearing the main proceedings shall cover ancillary cases falling within the jurisdiction of the single-bench court of first instance.’

Article 9

Inability to appeal against a decision of a multi-bench court of first instance due to the jurisdiction of a single-bench court of first instance – Amendment of Article 47 of the Code of Civil Procedure

Article 47 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), concerning the non-appeal against a decision of a higher court and against a decision referring the case to a higher court, makes the following amendments: (a) a title is added, (b) in the first paragraph, (ba) the words "or a single judge" are deleted and (bb) the words "lower court" are replaced by the words "a single judge of a court of first instance" and Article 47 reads as follows:

"Article 47

Inability to appeal against a decision of a multi-bench court of first instance due to the jurisdiction of a single-bench court of first instance and against a decision of a lower court referring to a higher court

A decision of a multi-bench court of first instance is not appealed on the ground that the case falls within the jurisdiction of the single-bench court of first instance. The same shall apply mutatis mutandis to the decision of a lower court referring the case to a higher court.’.

Article 10

Court competent to take a decision to refer to a court – Amendment of Article 50 of the Code of Civil Procedure

The following amendments are made to Article 50 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), concerning referral from a court to a court: (a) a title is added; (b) (1) of the first subparagraph shall be repealed and Article 50, following legislative improvements, shall read as follows:

‘Article 50

Court competent to take a decision to refer to a court

For the reference, at approx. 1 and 2 of Article 48, shall have the power to:

1) [Repealed]

(2) the court of appeal, if it is a referral from a single-bench or multi-bench court of first instance to a single-bench or multi-bench court of first instance;

3) the Supreme Court, in any other case. For the reference to approx. Article 48(3), the Supreme Court shall always have jurisdiction.’

Article 11

Court with jurisdiction to exclude a judge or clerk from the registry of a single-bench court of first instance – Amendment to Article 54 of the Code of Civil Procedure

Article 54 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the court competent to rule on the application for the exclusion of judges and clerks of the Registry, makes the following amendments: (a) a title is added, (b) in the second paragraph, (ba) the words "or magistrate" are deleted and (bb) the words "within whose jurisdiction these courts fall" are replaced by "within whose jurisdiction the single-bench court of first instance falls" and Article 54 shall read as follows:

‘Article 54

Court with jurisdiction to exclude a judge or clerk of a single-bench court of first instance

The court with jurisdiction to rule on the recusal is the court in which the recused person is serving. In the event of the exception of a judge of a single-bench court of first instance, the multi-bench court of first instance, within whose jurisdiction the single-bench court of first instance falls, shall have jurisdiction. In the event of the exclusion of a clerk of the registrar, the head of the court in which the excluded person is employed shall have jurisdiction.’;

Article 12

Time of unauthorised service – Amendment of Article 125(1) of the Code of Civil Procedure

In the second sentence of Article 125(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), concerning the time of service, the word ‘magistrate’ is replaced by the words ‘president, or his or her legal deputy, of the court’ and paragraph 1 is worded as follows:

‘1. Service may not be effected on a night, Saturday or Sunday or any other holiday defined by law as a public holiday, without the consent of the addressee or without the permission of the competent judge pending the case and, in the case of a multi-bench court, of its president. If no trial is pending, authorisation shall be granted by the President, or his or her legal alternate, of the court within whose jurisdiction service is to be effected.’.

Article 13

Service on foreign residents – Amendment of Article 134(1) of the Code of Civil Procedure

In the first sentence of Article 134(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on service on persons residing or having their registered office abroad, the words ‘and for trials at the small claims court, the public prosecutor at the district court within whose jurisdiction the small claims court falls’ are deleted and paragraph 1 is worded as follows:

‘1. If the person to be served resides or has its registered office abroad, service shall be effected on the public prosecutor of the court in which the proceedings are pending or are to be instituted or on the person who issued the decision to be served. For documents relating to enforcement, service shall be effected on the public prosecutor at first instance in the district in which enforcement is carried out, and for extrajudicial documents on the public prosecutor at the last place of residence or known place of residence of the addressee of service, and if there is no place of residence or known place of residence within the district, service shall be effected on the public prosecutor at first instance in the capital.’.

Article 14

Jurisdiction of a single-member court of first instance to extend the time limit for lodging security documents – Amendment of Article 165(2) of the Code of Civil Procedure

In the second sentence of Article 165(2) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182) on security and the deposit of securities with the Deposits and Loans Fund, the words ‘or the local court, when it ordered security’ are deleted and paragraph 2 reads as follows:

‘2. The promissory note confirming the deposit of the securities, the letter of guarantee from the creditworthy bank and the certificate of registration of the mortgage must be lodged, within the time limit laid down in Article 162, with the registry of the court which ordered the security. The single-bench court of first instance may extend that period by 15 days, adjudicating in accordance with the procedure laid down in Article 686 et seq.’.

Article 15

Supplementing or replacing a guarantee – Amendment to Article 167 of the Code of Civil Procedure

Article 167 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), concerning the completion or replacement of the guarantee, makes the following amendments: a) a title is added, b) in the first paragraph, the words "or the small claims court, when it had ordered the security" are deleted and Article 167 reads as follows:

‘Article 167

Guarantee supplement or replacement

If, after the guarantee has been granted, it becomes apparent that it is insufficient or if there are new facts justifying its replacement, a supplement or replacement may be requested by the single-bench court of first instance, in accordance with the procedure laid down in Article 686 et seq. Such a request shall not suspend the progress of the main proceedings.’.

Article 16

Procedure for waiving or forfeiting a security – Amendment to Article 168 of the Code of Civil Procedure

Article 168 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the lifting or forfeiture of the guarantee, makes the following amendments: a) a title is added, b) in the second paragraph, the words "or the small claims court, when it had ordered the guarantee" are deleted and Article 168 reads as follows:

‘Article 168

Procedure for waiving or forfeiting a security

If the reason for which the security was given ceases to exist, it shall be lifted, and if the reason for which it was given is fulfilled, the security shall be forfeited to the person for whom it was given. This shall be decided by the single-bench court of first instance, in the interlocutory proceedings.’.

Article 17

Judge responsible for submitting an application for legal aid – Amendment of Article 196(1) of the Code of Civil Procedure

Article 196(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on legal aid, makes the following amendments: the words 'by the magistrate, the judge' shall be replaced by 'by the judge'; (b) the words 'by the magistrate' shall be replaced by 'by the president or his or her legal deputy, of the court' and paragraph 1 shall read as follows:

‘1. Legal aid shall be granted on application by the judge of the single-bench court of first instance or the president of the court in which the proceedings are pending or are to be brought and, in the case of acts unrelated to proceedings, by the president or his or her legal alternate, of the court of the place where the applicant is domiciled.’;

CHAPTER C

PROCEEDINGS IN COURTS OF FIRST INSTANCE – AMENDMENT OF A SECOND BOOK CODE OF CIVIL PROCEDURE

Article 18

Registration and removal of a consensual mortgage prenotation by act of a lawyer – Amendment of Article 208 of the Code of Civil Procedure

Article 208 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the registration and removal of a consensual mortgage prenotation by an act of a lawyer, makes the following amendments: (a) in paragraph 1, (aa) in the first subparagraph, the word ‘magistrate’ is replaced by the word ‘court of first instance’; (ab) in the third subparagraph, the word ‘remuneration’ is replaced by the word ‘compensation’; (ac) in the fifth subparagraph, the words ‘or a private document, which bears a certificate of authenticity of the signature of the consenting person by a Citizens’ Service Centre or any other public or municipal authority’ are added; (ad) in the ninth subparagraph, the word ‘receives’ is replaced by the words ‘is notified by the court registry to receive’; (ae) in the thirteenth subparagraph, the word ‘magistrate’ is replaced by the word ‘court of first instance’; and (z) in the fourteenth subparagraph, (b) in paragraph 2, the words ‘or is amended’ are added and Article 208 is worded as follows:

‘Article 208

Registration and removal of a consensual mortgage prenotation by act of a lawyer

‘1. A title for the registration of a consensual mortgage prenotice and a title for the elimination of a consensual mortgage prenotice is an act issued by a lawyer who is a member of the Bar Association of the district of the court of first instance in whose district the court of first instance in which the application is filed is located. The application may be submitted and the supporting documents submitted electronically. The application for registration or removal of a consensual mortgage prenotation: a) it is signed by a proxy lawyer, and b) it is accompanied by (ba) the relevant promissory note for the proxy lawyers of the applicant and the defendant, bb) the written consent of the defendant, which must be signed by the proxy lawyer of the latter, bb) a special promissory note for the advance payment of compensation to the lawyer referred to in the first paragraph hereof issued by the Bar Association of which the above lawyer is a member. Where the State, local authorities, social security bodies or other legal persons governed by public law submit the application referred to in the first subparagraph, they shall pay half of the compensation provided for the lawyer referred to in the first subparagraph who issues the act. Written consent requires either a notarial or digitally signed document, or a private document, which bears a certificate of authenticity of the consenter's signature from a Citizen Service Center or any other public or municipal authority. The written consent shall reflect the agreement of the defendant to register the mortgage pre-notice against his immovable property, with a specific indication of the cause and amount of the debt, as well as the amount of the mortgage pre-notice and a description of the property or properties to be pre-notified. The lawyer is appointed by a list drawn up and forwarded before the beginning of each judicial year to the registry of the court by the Bar Association, and appointed, in the order of the list, by the registrar of the court in the act of filing the relevant application. The lawyer is informed by the court registry by e-mail, receives, on paper or electronically, the application and accompanying documents, on which he or she may request clarification and completion, and issues the document without delay. If the lawyer appointed refuses or is prevented for any reason from taking over the issue of the act or if he dies or if he does not issue the act within ten (10) days from the day following the day on which the court registry is notified to receive the application and the documents, the lawyer next on the list is replaced and occupies his place. A lawyer must act in the performance of his duties in accordance with the Lawyers' Code (Law 4194/2013, ΄ 208). If he does not issue the act within the time limit, the registry of the competent court shall submit to the disciplinary body of the Bar Association concerned information on the failure to perform his duties and Articles 146 to 159 of the Lawyers’ Code shall apply. In the case of the tenth paragraph, the lawyer may be excluded for up to one (1) year from being included in the list referred to in the sixth paragraph.

The lawyer issues the document, signs it and submits it to the registry of the court of first instance, where the document is given a registration number and then archived with the necessary documents in the court file, from where those with a legitimate interest receive copies. Articles 315 to 320 on the procedure for rectification and interpretation of judgments shall apply mutatis mutandis.

By an act of a lawyer, in accordance with paragraph 1, a mortgage prenotation shall be extinguished or amended, irrespective of its registration title, provided that the act expressly shows the consent of all the parties involved in its registration.’

Article 19

Submission of a pleading in the case of an action addressed to a regional seat of a court of first instance within the meaning of Law 5108/2024 – Amendment of Article 215(1) of the Code of Civil Procedure

A new, second sentence is added to Article 215(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182) on the bringing of the action, and paragraph 1 reads as follows:

‘1. The action is brought by lodging a document with the registry of the court to which it is addressed and by serving a copy of it on the defendant. Exclusively in the case of an action addressed to a regional seat of a court of first instance, within the meaning of Law 5108/2024 (GG I 65), the application may be lodged either at the registry of the seat of the court of first instance or at the registry of its regional seat. The application may also be lodged by electronic means in accordance with Article 119(4). A report indicating the day, month and year of filing and the name of the applicant shall be drawn up below the application lodged. The report may also be drawn up by electronic means in accordance with Article 117(2). Reference to the application lodged shall be made without delay in a special book with an alphabetical index. This book shall show, in sequential number and chronological order, the applications filed and shall indicate the names of the parties, the date of filing and the subject-matter of the dispute. An electronic file of claims shall also be kept at the registry of each court.’.

Article 20

Small claims procedure – Amendment of Article 466(1) of the Code of Civil Procedure

In Article 466(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the procedure relating to small claims, the words ‘If the subject matter of the dispute falls within the jurisdiction of the small claims court and’ are replaced by the words ‘Except for the disputes referred to in Article 17, if the subject matter of the dispute’ and paragraph 1 is worded as follows:

‘1. With the exception of disputes referred to in Article 17, where the subject-matter of the dispute concerns claims and rights to or possession of movable property and the value of the claim does not exceed EUR 5 000, Articles 467 to 471 shall apply.’;

CHAPTER D

LEGAL REMEDIES AND OBJECTIONS – AMENDMENT OF THE THIRD BOOK CIVIL PROCEDURE CODE

Article 21

Fee for appeals, cassation and retrial – Amendment of Article 495(3) of the Code of Civil Procedure

The first sentence of Article 495(3) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), concerning the obligation to pay a fee for appeals, cassation and retrial, makes the following amendments: a) in approx. A, subparagraph (a) is deleted, (b) in paragraph B, point (a) is deleted; (c) point (a) of point C, the words ‘district courts, single-bench courts and multi-bench courts of first instance’ are replaced by the word ‘courts of first instance’ and paragraph 3 shall read as follows:

‘3. The person who lodges the appeal, the appeal on points of law and the appeal on a point of law must lodge a fee, attached to the report drawn up by the Registrar, as follows:

A. On the appeal:

(a) [Repealed]

b) against a decision of a single-bench court of first instance, a fee of one hundred (100) euros;

c) against a decision of a multi-member court of first instance, a fee of one hundred and fifty (150) euros.

B. For the appeal on a point of law:

(a) [repealed]

b) against a decision of a single-bench court of first instance, a fee of three hundred (300) euros;

c) against a decision of a multi-member court of first instance, a fee of four hundred (400) euros;

d) against a decision of a court of appeal, a fee of four hundred and fifty (450) euros.

C. For the appeal:

a) against decisions of courts of first instance, a fee of four hundred (400) euros;

b) against decisions of the Court of Appeal and the Supreme Court, a fee of five hundred (500) euros. Where an appeal has been lodged by or against several parties, a fee shall be lodged by the appellants, appellants or applicants. The amount shall be adjusted by joint decision of the Minister for Economic Affairs and Finance and the Minister for Justice. If the fee is not lodged, the appeal is dismissed by the court as inadmissible. In case of total or partial victory of the depositor, the court in its decision orders that the fee be returned to him, otherwise it orders to be introduced into the public treasury. The obligation in this paragraph shall not apply to disputes referred to in Article 614(3) and (5) and 1 and 3 of Article 592.’;

Article 22

Determination of a hearing in appeals against decisions of the courts of first instance sitting in the transitional seats of the courts of appeal of their region – Amendment of Article 498(1) of the Code of Civil Procedure

In the second sentence of Article 498(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), determining the hearing of appeals against decisions of the courts of first instance adjudicating at the transitional seats of the courts of appeal of their region, the words ‘multi-member and single-member courts of first instance’ are replaced by the words ‘of the courts of first instance’ and paragraph 1 is worded as follows:

‘1. After the appeal has been lodged, each party may, by bringing a copy of the appeal and of the decision appealed against to the registry of the court to which the appeal is addressed, request that a hearing be set and bring the case for discussion by summons, under the copy of the application lodged or independently, which shall be served on the other party.

The determination of a hearing, in accordance with the previous subparagraph, for appeals against decisions of the courts of first instance sitting in the transitional seats of the courts of appeal of their region, shall be made by order of the President of the Court of Appeal concerned by the head of that court of first instance.’

Article 23

Advance payment of a fee for objection of default – Amendment of Article 505(2) of the Code of Civil Procedure

Article 505(2)(a) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182) shall be repealed and paragraph 2 shall read as follows:

‘2. The plaintiff must pay in advance to the registry of the court when filing the objection the fee set by the default judgment, amounting for each plaintiff:

(a) [Repealed]

b) in an amount which may not be less than one hundred and fifty (150) euros and more than two hundred and fifty (250) euros, if it is issued by the single-member court of first instance, or

c) in an amount that may not be less than two hundred (200) euros and more than three hundred (300) euros, when issued by the multi-member court of first instance or the court of appeal.

The amount shall be adjusted by joint decision of the Minister for Economic Affairs and Finance and the Minister for Justice. If the fee is not lodged, the appeal is dismissed by the court as inadmissible. In the event of the total or partial victory of the depositor, the court shall, by its decision, order that the fee be returned to the depositor, failing which it shall order that it be introduced into the public treasury.’

Article 24

Decisions open to appeal – Amendment to Article 511 of the Code of Civil Procedure

Article 511 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on decisions that can be appealed, makes the following amendments: a) a title is added, b) the words "local courts, single-bench courts and multi-bench courts of first instance" are replaced by the words "courts of first instance" and Article 511 reads as follows:

‘Article 511

Decisions open to appeal

The decisions of the courts of first instance may be appealed against.’

Article 25

Cases of permitted appeal on a point of law – Amendment of Article 560 of the Code of Civil Procedure

In Article 560 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on cases of permitted cassation, the words ‘Against decisions of small claims courts, as well as decisions of district courts issued in appeals against decisions of small claims courts,’ are replaced by the words ‘Against decisions of single-bench courts of first instance, which fall under Article 18(2), and against decisions of multi-bench courts of first instance under Article 18(2),’ and Article 560 is worded as follows:

‘Article 560

Cases of permitted reversal

An appeal on a point of law may be brought only against the decisions of the single-member courts of first instance falling under Article 18(2) and against the decisions of the multi-member courts of first instance referred to in Article 18(2):

1) if a rule of substantive law, including the rules of interpretation of legal acts, has been violated, regardless of whether it is a law or custom, Greek or foreign, domestic or international law. Infringement of the lessons learned from common experience is a ground of appeal only if those lessons relate to the interpretation of rules of law or to the subordination of the facts to them. This ground of appeal cannot be raised in small claims,

(2) if the court was not constituted, as prescribed by law, or tried a judge whose exemption had been granted;

3) if the court accepted or did not accept the jurisdiction of the civil courts or did not have jurisdiction ratione materiae;

4) if the publicity of the proceedings was unlawfully excluded,

5) whether the court, despite the law, took into account things that were not proposed or did not take into account things that were proposed and have a material effect on the outcome of the trial;

if the decision has no legal basis and, in particular, if it contains no or contradictory or insufficient grounds on an issue which has a material influence on the outcome of the proceedings.';

CHAPTER E

SPECIAL PROCEDURES – AMENDMENT OF THE FOURTH BOOK CODE OF CIVIL PROCEDURE

Article 26

Competent court for disputes relating to credit instruments – Amendment of Article 622B(1) of the Code of Civil Procedure

In Article 622B(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the competent court for disputes relating to credit instruments, the words ‘within the jurisdiction of the small claims court if the value of the dispute does not exceed EUR 20 000 and within the jurisdiction of the single-bench court of first instance if it exceeds that amount’ are replaced by the words ‘always within the jurisdiction of the single-bench court of first instance’ and paragraph 1 is worded as follows:

‘1. The differences of approx. Article 614(8) shall always be subject to the jurisdiction of the single-bench court of first instance.’.

Article 27

Judge responsible for issuing an order for payment – Amendment of Article 625 of the Code of Civil Procedure

Article 625 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the judge competent to issue an order for payment, makes the following amendments: a) a title is added, b) in the first paragraph, the words "for a claim for the jurisdiction of the justice of the peace the justice of the peace and for any other claim the judge of the single-bench court of first instance" are replaced by the words "the judge of the single-bench court of first instance" and Article 625 is worded as follows:

‘Article 625

Judge responsible for issuing an order for payment

The judge of the single-bench court of first instance is competent to issue an order for payment. The issue of an order for payment shall not be discussed in court.’;

Article 28

Judge responsible for extradition ordering the return of the use of the leased property – Amendment of Article 638 of the Code of Civil Procedure

Article 638 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the judge competent to issue an order for the return of the use of the leased property, makes the following amendments: a) a title is added, b) in the first paragraph, the words "the justice of the peace in cases where he has jurisdiction under Article 14(1)(b) and the judge of the single-bench court of first instance in all other cases" are replaced by the words "the judge of the single-bench court of first instance" and Article 638 reads as follows:

‘Article 638

Judge competent to issue an order for the return of the use of the leased property

The judge of the single-bench court of first instance is competent to issue the order for restitution of the use of the leased property. The application shall be submitted to the court having territorial jurisdiction under Article 29.’

CHAPTER F

INSURANCE MEASURES – AMENDMENT OF THE FIFTH BOOK CIVIL PROCEDURE CODE

Article 29

Competent court for disputes concerning the enforcement of a decision ordering interim measures or withdrawing a decision on them – Amendment of Article 702(2) of the Code of Civil Procedure

Article 702(2) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the competent court for disputes relating to the enforcement of a decision ordering interim measures or withdrawing all or part of a decision on them, makes the following amendments: in the first subparagraph, the words 'and, where there is no single-bench court of first instance, the small claims court' shall be deleted; in the second subparagraph, the words 'or the small claims court' shall be deleted and paragraph 2 shall read as follows:

‘2. In very urgent cases, the disputes referred to in paragraph 1 shall be heard by the single-member court of first instance of the place where the enforcement of the decision takes place, applying the provisions of Articles 686 to 688, 690 to 692, 695 and 699. The decision of the single-member court of first instance may be revoked for any reason by the court with jurisdiction under paragraph 1.’

Article 30

Provisional arrangements for possession or possession – Amendment of Article 734 Code of Civil Procedure

Article 734 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on interim measures in all types of possession or possession cases, makes the following amendments:

a title is added;

in paragraph 1, (ba) the words ‘In the case referred to in the previous Article, a copy of the application shall always be served’ shall be replaced by the words ‘In all cases of possession or possession, a copy of the application for interim measures’; and (bb) the words ‘shall always be served’ shall be added;

in paragraph 2, the word "district court" is replaced by the word "court";

in the first sentence of paragraph 3, (da) the word "district court" is replaced by the words "single-bench court of first instance" and (db) the words "before the multi-bench court of first instance" are added;

in paragraph 4, the word 'district court' is replaced by the words 'single-bench court of first instance';

in paragraph 5, the word ‘magistrate’ is replaced by the words ‘judge of the single-bench court of first instance’ and Article 734 reads as follows:

"Article 734

Provisional arrangement of possession or possession

In all cases of possession or possession, a copy of the application for interim measures with an apostille indicating the place and time of the hearing shall always be served on the person against whom the application is directed.
The court for the provisional regulation of possession or possession is entitled to order any precautionary measure it deems appropriate and in particular to permit or prohibit acts of possession or possession or to award possession or possession to one of the parties, either by way of provision or without provision of security.
An appeal against the decision of the single-member court of first instance is allowed before the multi-member court of first instance within ten (10) days of its service. An appeal shall be tried in accordance with the same procedure, but Article 226 shall also apply.
The time limit for the appeal and its lodging shall not suspend the enforcement of the decision of the single-bench court of first instance, unless the suspension is ordered in accordance with Article 912.
Articles 696(3) and 697 shall not apply to interim measures of possession or possession and the judge of the single-bench court of first instance shall adjudicate with the assistance of a clerk who shall keep minutes.’.

Article 31

European Account Preservation Order – Amendment of Article 738A(1) of the Code of Civil Procedure

In Article 738A(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182) on the European Account Preservation Order, the words ‘for a claim falling within the jurisdiction of a small claims court, the small claims court judge and for any other claim, the judge of the single-member court of first instance’ are replaced by the words ‘for each claim, the judge of the single-member court of first instance’ and paragraph 1 is worded as follows:

‘1. The judge of the single-bench court of first instance shall be competent to issue a European Account Preservation Order in accordance with Regulation (EU) No 655/2014 for each claim.’

CHAPTER G

VOLUNTARY JURISDICTION PROCEDURE – AMENDMENT OF OUTSIDE THE BOOK CODE OF CIVIL PROCEDURE

Article 32

Jurisdiction – Replacement of Article 740 of the Code of Civil Procedure

Article 740 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the competent court in non-contentious jurisdiction, is replaced as follows:

‘Article 740

Competence

The single-bench court of first instance and the judge of the single-bench court of first instance, where it is designated, shall have jurisdiction in the cases referred to in Article 739. Excluding cases relating to medically assisted reproduction, which fall within the jurisdiction of the multi-bench courts of first instance.
No prorogation of jurisdiction shall be permitted in the cases referred to in Article 739.
All appeals against the decisions of the single-member courts of first instance of their region referred to in Articles 782, 789, 790, 792 to 794, 797, 798, 811, 813 to 818, 819(3), 831 to 833, 835(3), 838, 847, 848, 857, 861, 864 and 1023 of this Law, as well as against the decisions of Laws 3869/2010 (Α΄ 130), 4072/2012 (Α΄ 86) and 4738/2020 (Α΄ 207), shall also fall within the jurisdiction of the multi-member courts of first instance.
The jurisdiction of single-member courts of appeal shall include appeals against decisions of single-member courts of first instance in their region, for which the multi-member courts of first instance do not have jurisdiction under paragraph 3, as well as against decisions of single-member courts of first instance, in cases heard by them by statutory provision. Appeals against the decisions of the multi-member courts of first instance of their region shall fall within the jurisdiction of the three-member courts of appeal.’

Article 33

Associations – Amendment of Article 787 of the Code of Civil Procedure

Article 787 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on associations, makes the following amendments: (a) a title is added, (b) in paragraph 1, (ba) in the first subparagraph, the word ‘Local Judge’ is replaced by the words ‘judge of the single-bench court of first instance’, (bb) in the second subparagraph, the word ‘Local Judge’ is replaced by the words ‘judge of the single-bench court of first instance’, (bc) in the third subparagraph, the words ‘notification of the Registry of the Court of Justice of’ are added, (bd) in the fifth subparagraph, the word ‘Local Judge’ is replaced by the word ‘judge’, (b) in the seventh subparagraph, the word ‘remuneration’ is replaced by the word ‘compensation’, (bf) in the tenth subparagraph, the word ‘receive’ is replaced by the words ‘receive by the Registry of the Court of First Instance’ and Article 787 reads as follows:

‘Article 787

Associations

Where it is required by law to order the registration of an association in the register kept for that purpose, or the amendment of the articles of association, or the authorisation to convene the assembly of an association and to regulate its chairmanship, or the dissolution of an association, the judge of the single-member court of first instance of the district in which the association has its seat shall have jurisdiction. The judge of the single-bench court of first instance in the cases referred to in the first subparagraph shall be assisted by a lawyer who shall carry out a pre-examination of the application with regard to its required legal formalities and accompanying documents. The lawyer referred to in the second subparagraph may, within five (5) days of being notified by the Registry of the Court of receipt of the application referred to in the first subparagraph, request the person making the application to provide additional documents or information. In the case of the third subparagraph, if additional documents or information are requested, they shall be submitted by the applicant within three (3) working days. After completion of the pre-audit, he shall hand over to the Registry the file with all the documents and the file shall be forwarded to the competent judge to issue the relevant order as he sees fit. The lawyer is appointed by the act of filing of the registrar of the court where the application is filed, from a list kept at the court registry and sent to the registry by the relevant bar association before the beginning of each court year, in the order indicated on the list. An application for an order that an association be entered in the register in accordance with the law shall be accompanied by a special promissory note for the advance payment of compensation to the lawyer referred to in the second paragraph issued by the Bar Association, of which that lawyer is a member.

The Registry shall inform the designated lawyer by e-mail, who shall receive the application and the documents and may request clarifications and additions.

Documents may also be delivered electronically to the appointed lawyer.

If the lawyer appointed refuses or is prevented for any reason from undertaking the screening or if he or she dies or if he or she does not deliver the file to the registry within fifteen (15) days, from the day following the day on which the court registry is notified to receive the application and the documents, the lawyer next on the list shall be replaced and shall take his or her place. A lawyer must act in the performance of his duties, in accordance with the Lawyers' Code (Law 4194/2013, ΄ 208). If recidivism does not complete the pre-audit and does not deliver the file within the deadline, the registry of the competent court shall submit to the disciplinary body of the Bar Association concerned information on the non-performance of his duties and Articles 146 to 159 of the Code of Lawyers shall apply. In the case of the eleventh paragraph, the lawyer may be excluded for up to one (1) year from being included in the list referred to in the fifth paragraph.

The public prosecutor at first instance of his own motion or at the request of the supervisory authority, as well as any third party with a legitimate interest, shall have the right to object to the order accepting an application for the registration of an association or for the amendment of its articles of association.’.

Article 34

Procedure for the publication of wills – Amendment of Article 808 of the Code of Civil Procedure

Article 808 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the procedure for the publication of wills, makes the following amendments: (a) a title is added, (b) paragraph 1 is replaced, (c) in paragraph 3, (ca) in the first subparagraph, the word ‘magistrate’ is replaced by the words ‘judge of the single-member court of first instance’, (cb) in the second subparagraph, the word ‘magistrate’ is replaced by the word ‘judge’, (d) in paragraph 4, (da) the word ‘magistrate’ is replaced by the words ‘judge of the single-member court of first instance’, (db) the word ‘magistrate’ is replaced by the words ‘single-member court of first instance’, (e) in the first subparagraph of paragraph 6, the word ‘magistrate’ is replaced by the words ‘single-member court of first instance’ and Article 808 is amended as follows:

‘Article 808

Procedure for the publication of wills

The publication of a will is made by recording it in full in the record signed by the judge of the single-bench court of first instance, in which all its external defects are attested.
A will shall be published by a consular post by the consul who shall draw up a record signed by him or her and, in the case of a holographic will, by the person who handed it over.
The declaration of a holographic will as a lady is made by an act of the judge of the single-bench court of first instance responsible for the publication of the will, provided that it is probable that the testator’s writing and signature are authentic. When the will has been published by a consular authority, the judge of the probate court is competent to declare it to be the main judge. Where a holographic will designates as sole heir a person who is not the spouse of the testator or who does not have a relationship of at least fourth degree with the testator, a graphological expert’s report shall be ordered in order to prove the authenticity of the testator’s writing and signature. In this case, the Greek State must be called at least sixty (60) days before the meeting.
Copies of public wills published and originals of secret or extraordinary or holographic wills, with their enclosures, shall be dated and signed by the judge of the single-bench court of first instance or the consul and kept in the archives of the single-bench court of first instance or the consulate.
Copies of the minutes of the publication of the will shall be sent without undue delay, by the registry of the court or consulate, to the registry of the court of first instance of Athens, as well as to the registry of the court of first instance of the last domicile or residence of the testator and shall be kept in their archives.
Copies of wills and revocations of wills published abroad may be submitted to a Greek consular authority or to the registry of any single-member court of first instance. The consular authority or the registry receiving the copies shall draw up an instrument of deposit on them, indicating what has been deposited, the person who deposited it and the date of deposit. These copies must be certified by the foreign authority that published the will. If they are written in whole or in part in a foreign language, a translation into Greek of the foreign language part of them, made by the Ministry of Foreign Affairs, a Greek consular authority or a lawyer, must be attached when they are deposited. Copies of them shall be sent without delay, by the consul who received them or by the registry of the court, to the registry of the Athens District Court.’.

Article 35

Issuance of the Certificate – Amendment of Article 819 of the Code of Civil Procedure

Article 819 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the issue of a certificate of succession, makes the following amendments: (a) a title is added, (b) in paragraph 1, (ba) in the first subparagraph, the word ‘tribunal’ is replaced by the word ‘tribunal’, (bb) in the second subparagraph, the word ‘remuneration’ is replaced by the word ‘compensation’, (c) in paragraph 2, in the fourth subparagraph, the word ‘receives’ is replaced by the words ‘notified by the registry to receive’, (d) in the first subparagraph of paragraph 3, the words ‘the justice of the peace shall determine a hearing’ are replaced by the words ‘identified hearing’ and Article 819 shall read as follows:

‘Article 819

Issuance of the Certificate

The certificate of succession (inheritance certificate) is issued following an act of a lawyer, a member of the bar association of the district of the district court of the court of inheritance, on application, which is filed with the court of inheritance by the heir or the trustee or the legatee or the executor of a will and which is posted in a special area of the court’s shop for a period of ten (10) days. The application referred to in the first subparagraph shall be signed by a proxy lawyer and shall be accompanied by the relevant promissory note and a special promissory note for the advance payment of compensation to the lawyer referred to in the first subparagraph, issued by the Bar Association of which the above lawyer is a member. Where the State, local authorities, social security bodies or other legal persons governed by public law submit the application referred to in the first subparagraph, they shall pay half of the compensation provided for the lawyer referred to in the first subparagraph who issues the act.
The lawyer is appointed by a list drawn up and forwarded, before the beginning of each judicial year, to the registry of the court by the Bar Association, and appointed, in accordance with the order of the list, by the registrar of the court in the act of filing the relevant application. The lawyer shall be informed by the court registry by e-mail, receive, on paper or electronically, the application and the accompanying documents after the expiry of the period referred to in the first sentence of paragraph 1 and without prejudice to the fourth sentence hereof, on which he or she may request clarifications and additions. If the requirements of Articles 1956 concerning the meaning of the Certificate, 1957 concerning the content of the application for a Certificate, 1958, 1959, 1960 concerning several heirs and 1961 concerning the content of the Certificate of Succession under the Civil Code are not met, the lawyer shall issue a decision rejecting the application. If the lawyer appointed refuses or is prevented for any reason from taking over the issuing of the act or if he dies or if he does not issue the act within thirty (30) days from the day following the day on which he is notified by the Registry to receive the application and the documents, the lawyer next on the list shall be replaced and shall take his place.

A lawyer must act in the performance of his duties, in accordance with the Lawyers' Code (Law 4194/2013, ΄ 208). If he does not issue the act within the time limit, the registry of the competent court shall submit to the disciplinary body of the Bar Association concerned information on the failure to perform his duties and Articles 146 to 159 of the Lawyers’ Code shall apply. In the case of the fifth subparagraph, the lawyer may be excluded for up to one (1) year from being included in the list referred to in the second subparagraph.

If a third party intervenes within the period referred to in the first sentence of paragraph 1, a hearing date shall be set for the hearing in order to issue a decision on it. The exercise of the intervention referred to in the first subparagraph shall suspend the operation and the issue of the certificate.
The certificate (certificate of succession) is issued by the registrar of the court with which the application was lodged and is handed over to the person who applied for it with an acknowledgement of receipt, which is kept in the court’s archives. If the issuing of the certificate is ordered by the court hearing the appeal, the certificate shall be issued by the registrar of the court of first instance, to whom a copy of the decision shall be sent without undue delay.’;

Article 36

Finding a will or documents – Replacement of Article 828 of the Code of Civil Procedure

Article 828 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on finding a will or documents, makes the following amendments: (a) a title is added; (b) the second and third subparagraphs are replaced and Article 828 reads as follows:

‘Article 828

Finding a will or documents

If any of those present at the sealing claim that there is a will or other important document, the sealer must investigate, if any. If the will is found, the notary acting as seal receives it and sends it without undue delay to the court responsible for its publication. If another important document is found, the notary acting as sealer receives it and the judge of the single-bench court of first instance orders it to be handed over to the person entitled to hold it, or, until the person entitled is ascertained, to be kept in the registry of the court.’

Article 37

Stamping report – Amendment of Article 830 of the Code of Civil Procedure

Article 830 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the sealing report, makes the following amendments: a) a title is added, b) in the first paragraph, the word "magistrate" is replaced by the word "judge" and Article 830, after legal improvements, reads as follows:

‘Article 830

Sealing report

A report shall be drawn up on the sealing, which, in addition to the information required under Article 117, must indicate (1) the decision of the judge ordering the sealing, (2) a description of the premises in which the seals were affixed, (3) a description of the documents found under Article 828 and an indication of the persons to whom they were delivered, (4) any allegation or challenge to those who were present at the sealing and everything that came to the attention of the sealer, and (5) a confirmation that the sealer has received the keys, that he has carried out the search referred to in Article 829(3) and the result thereof. If there are no movable items in the apartment to be sealed, this shall be noted in the report.’.

Article 38

Opening and re-sealing – Amendment to Article 831 of the Code of Civil Procedure

Article 831 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on opening and re-sealing, makes the following amendments: a) a title is added, b) in the first sentence of paragraph 1, the words "the magistrate who ordered the sealing" are replaced by the words "the court of the district where the sealing was ordered", c) in paragraph 2, c) the words "The magistrate at the hearing he appoints is obliged to order the summoning of the person who requested the sealing, as well as those who attended" are replaced by the words "The person who requested the sealing is called during the hearing, as are those who attended", cb) the words "may order the summoning of those" are replaced by the words "they may be summoned" and Article 831 is worded as follows:

‘Article 831

Unsealing and re-sealing

If the preservation of the sealing is not necessary or an inventory is to be made, the court of the district where the sealing was ordered, at the request of anyone with a legitimate interest or ex officio, shall order the unsealing. Unsealing and re-sealing may also be ordered to prevent danger or for another important reason.
The person who requested the sealing shall be summoned to the hearing, as shall those who attended the hearing and, if the sealing was done on an estate property, those who are likely to be heirs, trustees, legatees and executors of wills may be summoned.’

Article 39

Examination of seals – Amendment of Article 835 of the Code of Civil Procedure

Article 835 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the examination of seals, is amended as follows: a) a title is added, b) paragraph 2 is replaced, c) in paragraph 3, the words "the justice of the peace" are replaced by the words "the court" and Article 835 reads as follows:

‘Article 835

Examination of seals

The unsealer must examine the condition of the seals affixed.
If the seals affixed are not intact, the notary performing the unsealing shall stop any further action and shall immediately report this in writing to the court that ordered the unsealing.
In the cases referred to in paragraph 2, the court shall, without undue delay, go to the place where the seals have been affixed, confirm their condition and, by decision, order any measure that it deems appropriate.’

Article 40

Disputes arising during sealing, unsealing or inventory – Amendment of Article 841 of the Code of Civil Procedure

Article 841 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on disputes arising during sealing, unsealing or inventory, makes the following amendments: (a) a title is added, (b) in paragraph 1, the words ‘the magistrate’ are replaced by the words ‘the judicial body concerned’, (c) in the second subparagraph of paragraph 2, (ca) the words ‘the magistrate’ are replaced by the words ‘the judicial body’, (cb) the words ‘the order or’ are added, (d) in paragraph 3, the words ‘orders or’ are added and Article 841 is amended as follows:

‘Article 841

Differences arising during sealing, unsealing or inventory

Any dispute or difficulty arising during sealing, unsealing or inventory shall be tried by the court which ordered them.
The notary acting on sealing, unsealing and inventory shall provisionally decide on disputes or difficulties encountered in carrying them out and his decision shall be recorded in the report and executed immediately. Anyone with a legitimate interest may request the judicial body referred to in paragraph 1 to revoke that order or decision and to restore the status quo ante.
The orders or decisions issued in accordance with paragraph 1 shall have provisional effect, shall not affect the main case and the court competent to order provisional, including protective, measures may amend or revoke them.’;

CHAPTER H’

ENFORCEMENT – MODIFICATION OF THE EIGHTH BOOK CODE OF CIVIL PROCEDURE

Article 41

Definition of the value of fungible items – Amendment of Article 917 Code of Civil Procedure

The following amendments are made to Article 917 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on enforcement of substitute goods: (a) a title is added, (b) the second paragraph is deleted and Article 917 reads as follows:

‘Article 917

Definition of the value of fungible items

Where the subject-matter of the performance is substituted for goods and their value in money must be determined for enforcement purposes, the value of the subject-matter of the performance shall be determined by a decision of the single-bench court of first instance, which shall adjudicate in the property proceedings referred to in Article 614 et seq.’.

Article 42

Defences against enforcement – Amendment of Article 933(1) of the Code of Civil Procedure

In the first sentence of Article 933(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on lodging an objection to enforcement, the words ‘local court, if the enforceable title has been issued by that court, and the single-member court of first instance in any other case’ are replaced by the words ‘single-member court of first instance’ and paragraph 1 is worded as follows:

‘1. Objections by the party against whom enforcement is sought and any creditor with a legitimate interest concerning the validity of the enforceable title, the enforcement procedure or the claim may be lodged only by means of an objection lodged with the single-bench court of first instance. If several objections are filed by separate documents, all of them must be determined and heard at the same hearing by the registry. Additional grounds for opposition may be proposed only by a separate document lodged at the registry of the court to which the objection is addressed, under which a report is drawn up and notified to the opposing party, in any case at least eight (8) days before the hearing. The objection to the auction shall be directed, with the penalty of inadmissibility, against the creditor seeking enforcement and the successful bidder. In the case of a joint bid, the opposition shall be filed by all and against all bidders.’

Article 43

Seizure in the hands of a third party – Amendment of Article 983(1) of the Code of Civil Procedure

Article 983(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on the service of a document for seizure in the hands of a third party, makes the following amendments: the words 'in the district of the same district court or at the seat of the district court' shall be replaced by the words 'in the district of the same district court'; (b) the word 'local court' shall be replaced by the word 'court of first instance' and paragraph 1 shall read as follows:

‘1. Seizure in the hands of a third party shall be effected by serving on the third party and the person against whom enforcement is sought a document which must contain, in addition to the particulars referred to in Article 118, (a) a precise description of the enforceable title and the claim on the basis of which the seizure is effected, (b) the amount in respect of which the seizure is imposed, (c) an order requiring the third party not to pay to the person against whom enforcement is effected, (d) the appointment of a representative residing in the district of the same court of first instance of the third party’s domicile if the person for whom enforcement is effected does not reside in the district of the court of first instance of the third party’s domicile.’

Article 44

Collection of evidence of seized property by a bailiff – Amendment of Article 995 of the Code of Civil Procedure

Paragraphs 10 and 11 of Article 995(4) of the Code of Civil Procedure (Presidential Decree 503/1985) on the service of the seizure report are added and paragraph 4 reads as follows:

‘4. The bailiff must, within twenty (20) days of the seizure, submit to the auctioneer the enforceable title, the certificate of service of the enforcement order, the certificate of seizure and the reports of its service on the debtor, the third owner or possessor and the mortgage registrar or whoever keeps the register or register, the certificate of encumbrance, as well as, in paper and digital form, the assessment report of the certified assessor under Presidential Decree 59/2016. The auctioneer shall draw up a report on all of this. An extract of the seizure report, including the names of the party in favour and the party against whom enforcement is sought and their tax identification number and, in the case of legal persons, their name and tax identification number, a summary description of the property seized according to its type, location, limits and extent, together with the components and any annexes they confiscate, as well as an indication of the mortgages or prenotations on the property, the price of the first bid, the amount for which the seizure is made, the terms of the auction set by the party in favour of enforcement and communicated to the bailiff with the order for enforcement under Article 927 and the name and address of the auctioneer, as well as the place, day and time of the auction, shall be issued by the bailiff and published by him or her by the fifteenth day following the seizure on the auction publication website of the Bulletin of the Judicial Publications of the Electronic National Social Security Institution (e-FKA). The extract also includes the certificate of the bailiff, concerning the impossibility of appointing a notary at the place of enforcement or the Region of the Chamber of Notaries at the place of enforcement. The extract shall be served within the same period on the third owner or possessor and on the mortgage creditors. The auction may not take place without complying with the formalities laid down in the preceding paragraphs, otherwise it shall be invalid. The bailiff delivers to the auctioneer, in electronic form, photographs of the seized property, which he receives during his on-the-spot visit to it. Their receipt by the auctioneer is mentioned in the above report. The information contained in the extract from the seizure report, as well as the report of the certified valuer and the photographs shall be posted by the auctioneer on the electronic auction system. In addition to the above information, the bailiff may collect any other information and documents indicative of the value of the seized property, such as building permits, topographic diagrams and floor plans, and deliver them to the auctioneer who posts them on the same website no later than thirty (30) days before the auction. All competent public services and notaries are obliged to issue such documents to the bailiff.’

Article 45

Competence of a notary to hold an auction by electronic means – Amendment of Article 998(1) and (4) Code of Civil Procedure

In the second sentence of Article 998(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), concerning the auction by electronic means of the seized property, the words ‘or, although this is not possible, of the notarial association of a neighbouring region,’ are added and paragraph 1 is worded as follows:

‘1. The seized property is auctioned by electronic means before the notary of the district of appeal where the property is located. If, for any reason, it is not possible to appoint a notary in the place of enforcement (seizure), the seized property shall be auctioned before a notary appointed in the district of the chamber of notaries in the place of enforcement or, although this is not possible, the chamber of notaries in a neighbouring district, or, although this is not possible, the chamber of notaries in the capital of the State. Article 959 shall also apply to the auctioning of immovable property.’;

Article 998(4) of the Code of Civil Procedure makes the following amendments: in the first subparagraph, (aa) the words "more district courts" are replaced by the words "more district courts" and (ab) the words "of the above district courts" are replaced by the words "of the above district courts"; (b) in the second subparagraph, the word "district court" is replaced by the word "court of first instance" and paragraph 4 shall read as follows:

‘4. If the seized property is located in the district of several district courts, the auction shall be conducted, at the option of the party seeking enforcement, in the district of any of the above district courts. If the auction can be held electronically in only one of them, the district of the court of first instance in question must be chosen, and if, for any reason, it cannot be held in any of them, then the district of the notarial association of the capital of the State must be chosen. The court with jurisdiction to settle disputes arising from the conduct of the auction shall be the court of the place of enforcement.’;

Article 46

Compulsory public auctions – Amendment of Article 1005(1) Code of Civil Procedure

A third sentence is added to Article 1005(1) of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), concerning the payment of the auction proceeds by the successful bidder and the summary of the award report, and paragraph 1 reads as follows:

‘1. Once the successful bidder has paid the auction and the user fee, the auctioneer shall provide him with a summary of the award report. With the award, and after transcribing the summary of the award report, the successful tenderer acquires the right that the person against whom the performance was carried out had. Provisions providing that a requirement to supply electricity, irrigation, water or natural gas is to be borne by the special successor in title to the main movable or immovable property shall not apply to a mandatory public auction.’;

Article 47

Voluntary auction procedure – Amendment of Article 1021 Code of Civil Procedure

Article 1021 of the Code of Civil Procedure (Presidential Decree 503/1985, ΄ 182), on voluntary auction, makes the following amendments: a) a title is added, b) in the fifth paragraph, the words "or, although this is not possible, a contiguous district", c) in the sixth paragraph, the word "district court" is replaced by the words "single-bench court of first instance" and Article 1021 reads as follows:

"Article 1021

Voluntary auction procedure

Where, pursuant to a provision of law or a court decision or an agreement between the parties, a voluntary auction is held before a notary, the proceedings shall begin with a description report drawn up by a bailiff and containing the provisions of Article 955(1) in the case of movable property or Article 995(1) in the case of immovable property. Voluntary auctions shall be conducted in accordance with the procedure laid down either in Article 959 in the case of movable property or in Article 998 in the case of immovable property. Furthermore, Article 954(4), Article 955(1), second subparagraph, Article 955(2), Articles 965, 966 and 967(1), Article 969(1), second subparagraph, Article 995(4), Article 1002, Article 1003(1), (2) and (4), Article 1004, Article 1005(1) and (2) and Article 1010 shall apply mutatis mutandis. The voluntary auction takes place before a notary in the district where the movable or immovable property is located. If for any reason it is not possible to appoint a notary in the district where the movable or immovable property is located, the auction shall be held before a notary appointed in the district of the chamber of notaries in the place of enforcement or, if that is not possible, in a neighbouring district, or, if that is not possible, the chamber of notaries in the capital of the State. Where a voluntary auction is conducted in accordance with the procedure laid down in Article 959, with the agreement of the parties or by a decision of the single-member court of first instance of the district in which the property or immovable property is located, issued in accordance with the procedure laid down in Article 686 et seq., another auction venue may be designated at the request of anyone with a legitimate interest.’
CHAPTER I

FINAL – REPEALED PROVISIONS

Article 48

Final provisions

Article 13(2) of Article 53 on cases of inadmissibility of an application for the exclusion of judges and prosecutors, Article 61 on the impossibility of setting up the court following the acceptance of an application for the exclusion of a judge, Article 192 on the settlement of court costs in the event of the acceptance or withdrawal of a procedural act or of the waiver either of that act or of the entire trial, Article 241 on the one-off postponement of the hearing to a subsequent hearing for important reasons, Article 256 on the content of the minutes of the hearing, Article 304(1) on the draft decision, Article 512 on the irrevocability of decisions adjudicating in the small claims procedure, Article 538 on the reopening, Article 552 on the annulment, Article 618 on the payment of outstanding rents; in Article 622A(6), on disputes relating to fees, compensation and costs, Article 686(6), on the application for interim measures, and Article 750, on the appearance of the public prosecutor at the hearing in non-contentious proceedings, the Code of Civil Procedure (Presidential Decree 503/1985, Government Gazette, Series I, No 182), the reference to the justice of the peace is deleted.
In Article 55(3), concerning the exclusion of judges and clerks of the registry of the court, Article 61, concerning the impossibility of setting up the court following the acceptance of an application for the exclusion of a judge, Article 122(3), concerning the service bodies, Article 150, concerning the shortening of time limits, Article 232, concerning the introduction of an action for hearing, Article 237(5) and (8), concerning the time limit for submitting proposals and supporting documents, rebuttal and completion, Article 243, concerning the replacement of a judge for important reasons, Article 317(3), concerning the application for rectification or interpretation of a decision, Article 487(2), concerning the actual distribution by lot, Article 686(2) and (4), concerning the application for interim measures, Article 687(2), concerning the hearing of an application for interim measures without summons, and Article 690(2), concerning the hearing of an application for interim measures without the involvement of a clerk, the Code of Civil Procedure, the reference to the magistrate is deleted.
Article 782(1) on the establishment of facts by judicial decision, Article 789 on the convening of a cooperative meeting, Article 790 on the appointment of a cooperative liquidator, Article 792 on the authorisation to sell or pledge, Article 793 on the appointment of a escrow agent, Article 794 on the appointment of an expert, Article 797 on the authorisation to carry out specific acts, Article 798 on the authorisation to carry out acts other than those referred to in Articles 792 and 797, Article 829(2) on the appointment of a escrow agent, Article 843(2) on the refusal to take an oath and on the non-appearance, in Article 851(2) on the invitation to declare a right, Article 861 on the confirmatory oath; Article 862(2), on the setting of a time limit for taking an oath, Article 864, on the refusal to take an oath and on non-appearance, and Article 865, on the subsequent taking of an oath, of the Code of Civil Procedure, where reference is made to the justice of the peace, shall mean a reference to the court.
Article 94(2), on representation in court without a lawyer, Article 622A(5), on disputes relating to fees, compensation and costs, Article 809 on the registers of wills, Article 810, on the court of succession, Article 888 on the taking of evidence, Article 941 on the means of enforcement where there is an obligation to surrender or return certain movable property or a quantity of certain movable property, Article 956(4) and (6), on the sequestration of seized property, Article 962, on seized property that may be damaged, Article 988(2), on seizure in the hands of a third party, Article 1019(1), on the reversal of seizure, and Article 1023, on the seizure of special assets, of the Code of Civil Procedure, which refers to the small claims court, shall refer to the single-bench court of first instance.
Paragraphs 1 and 2 of Article 468 on the bringing of the action in small claims proceedings, Article 711 on seizure in the hands of the debtor, Article 955 on the service of the report of seizure, Article 956 on escrow, Article 959(7) on the auction of movable property, Article 985 on seizure in the hands of a third party, and Article 995(2) on the service of the report of seizure, of the Code of Civil Procedure, which refers to the small claims court, shall refer to the court of first instance.
In Article 807(1), on the publication of wills, Article 826, on the sealing of goods, Article 827(1) and (4), on the manner in which goods are sealed, Article 829(1), on the appointment of a escrow agent, and Article 989, on an enforceable title to seizure in the hands of a third party, of the Code of Civil Procedure, which refers to the justice of the peace, reference is made to the judge of the single-bench court of first instance.
In Article 617(2) on the death of the party, Article 717(1) on the change of the person of the escrow agent, Article 837 on the opening report, Article 838(1) on the inventory of property, Article 929(3) on the authorisation to carry out an enforcement action at night, on Saturdays, Sundays and on legally exempt days, Article 943(3) on the enforcement of immovable property, Article 953 on the seizure of movable property, Article 988(1) on seizure in the hands of a third party and Article 996 on escrow, where reference is made to the magistrate, reference is made to the single-bench court of first instance.
Article 226(3) of the Code of Civil Procedure, which refers to the justice of the peace, refers to the court of first instance.
In Article 469(2) of the Code of Civil Procedure on the hearing of the application, where reference is made to the justice of the peace, reference is made to the judge.
In Article 832, on the appointment of a notary for inventory, in Article 833, on the appointment of persons for the receipt of items, in Article 836(2), on inventory and opening, and in Article 838(1), (3) and (4), on inventory, of the Code of Civil Procedure, where reference is made to the justice of the peace, reference is made to the court.

Article 49

Court stamp duty in labour disputes – Amendment to Article 71 of the Introductory Law to the Code of Civil Procedure

The following amendments are made to Article 71 of the Introductory Law to the Code of Civil Procedure on the court stamp duty in labour disputes: a) a title is added, b) in the first paragraph, the words "for the application of the claim or application up to the amount of the relevant jurisdiction of the small claims court respectively" are replaced by the words "for applications of the claim or application up to the amount of thirty thousand (30,000) euros" and Article 71 is worded as follows:

"Article 71

Legal stamp duty in labour disputes

In labour disputes and in the procedure for issuing an order for payment of outstanding salary, the court stamp duty provided for by law GPOI/1912 (A΄ 3) shall not be paid for applications of the application or application up to the amount of EUR 30 000. In cases of labour disputes, as well as applications for an order for payment of outstanding salary, for which a court stamp duty is paid, this shall be set at four per thousand (4‰) of the value of the subject matter of the action, application or other document submitted to any court of the State and subject to a court stamp duty in accordance with the relevant provisions.’.

Article 50

Transitional provision

Appeals against decisions of single-member courts of first instance in non-contentious cases, which until the entry into force of Law 5108/2024 (Α΄ 65) were subject to a statutory provision under the jurisdiction of local courts, are now subject to the jurisdiction of multi-member courts of first instance.

Article 51

Repealed provisions

From the entry into force of this Law, Article 15 on disputes falling within the jurisdiction of small claims courts, irrespective of the value of the subject matter of the dispute, Article 17A on the jurisdiction of single-bench courts of first instance and appeals against decisions of small claims courts in their region, Article 209 on the application for conciliation by the small claims court judge competent to hear the action, Article 214 on the consequences of the application for conciliation by the small claims court judge competent to hear the action, Article 683 on the competent court for interim measures, and Article 733 on interim measures in all cases of possession and possession, of the Code of Civil Procedure (Presidential Decree 503/1985, Government Gazette, Series I, No 182) shall be repealed.

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PART A – INTERVENTIONS IN THE CODE OF CIVIL PROCEDURE FOR HARMONISATION WITH LAW 5108/2024 BEFORE CONSOLIDATION OF THE FIRST JURISDICTION OF THE CIVIL AND CRIMINAL JUSTICE COURTS – (Articles 1-51)

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