Commercial Litigation in Greece

A foreign-owned business operating in Greece discovers that a local distributor has stopped paying invoices and refuses to engage in dialogue. The goods have been delivered, the contracts are signed, and the amounts owed are material. Yet the path to recovery through Greek courts feels opaque: unfamiliar procedural rules. A civil law system built on written submissions rather than oral argument. Additionally, timelines that differ sharply from what the client's home jurisdiction would produce. Without prompt action, limitation periods may pass, assets may be dissipated, and leverage is lost.

Commercial litigation in Greece is governed by civil procedure rules rooted in the Greek Code of Civil Procedure, which prescribes a predominantly written process before the competent commercial courts. International clients must file a statement of claim, serve it formally on the defendant, and comply with strict procedural deadlines from the outset. First-instance proceedings in commercial disputes typically conclude within one to three years, depending on court workload and procedural complexity.

This page covers the key legal instruments available to international businesses pursuing claims in Greece, the procedural steps and realistic timelines involved, the most consequential pitfalls for foreign clients. The cross-border dimension connecting Greek proceedings with EU enforcement and Portuguese counterparts. Additionally, a self-assessment checklist to determine whether litigation is the right path for your dispute.

The commercial litigation environment in Greece

Greece's commercial litigation system sits within the civil law tradition. Disputes are resolved primarily through written submissions rather than the oral-advocacy model familiar to common law practitioners. The competent courts for commercial matters are the Eirínodikeío (Magistrates' Court) for lower-value claims, the Monomelés Protodikeío (Single-Member First Instance Court). Additionally. The Polymeles Protodikeío (Multi-Member First Instance Court) for higher-value and more complex commercial disputes. Appeals proceed to the Efeteío (Court of Appeal), and final points of law reach the Áreios Págos (Supreme Civil and Criminal Court of Greece).

Greek civil procedure rules place a heavy burden on the claimant from the start. All factual allegations and documentary evidence must be presented at the initial pleading stage. Introducing new evidence later in proceedings is restricted and, in many situations, barred entirely. This front-loading requirement catches international clients off guard. A business accustomed to common law disclosure processes. There, documents can be produced progressively. Will find that in Greece the failure to attach critical contracts or correspondence to the statement of claim can prove fatal to that element of the claim.

Limitation periods under Greek commercial legislation are strictly enforced. The standard limitation period for most commercial claims is five years, but shorter periods apply to specific categories of debt, including trade receivables in certain sectors. Once a limitation period expires, the claim is extinguished and cannot be revived. Clients who delay instructing local counsel while attempting informal resolution frequently discover the deadline has passed before proceedings are even contemplated.

The Greek court system has faced well-documented capacity pressures over the past decade. First-instance proceedings in Athens and Thessaloniki. the two primary commercial jurisdictions. can take between twelve months and three years to reach a final judgment. Depending on whether witness hearings are ordered, the number of procedural applications filed. Additionally, scheduling pressures at the relevant court. This timeline must be factored into any cost-benefit analysis before commencing proceedings.

Key legal instruments: from injunctions to enforcement

Greek civil procedure provides several distinct instruments for international claimants. Each carries its own conditions, timelines, and strategic trade-offs.

Interim injunctions (asfalstika métra) are the most powerful early-stage tool. A court may grant an interim injunction on an urgent basis, often within days of application, without prior notice to the defendant. The conditions are demanding: the applicant must demonstrate a prima facie case on the merits and an urgent need to preserve the legal position. The injunction may freeze bank accounts, prohibit asset disposal, or restrain specific conduct. However, injunctions granted ex parte must be confirmed at a subsequent inter partes hearing, typically scheduled within a short window after the initial grant. Failure to pursue that confirmation promptly results in the measure being lifted automatically.

A common mistake among international clients is treating the interim injunction as a substitute for substantive proceedings. In practice, it is a preservation tool only. The main claim must be filed separately and within a strict deadline set by the court at the injunction stage. Missing that deadline vacates the injunction and may expose the applicant to a counterclaim for damages caused by the unjustified freeze.

For claims supported by uncontested documentary evidence – such as a signed invoice, a promissory note, or a formal acknowledgment of debt – a diataghí pliromís (payment order) offers a faster route. The claimant files the application with supporting documents before a judge, who may issue the order without a hearing. The payment order is served on the debtor, who then has a short window to file an objection. If no objection is filed, or if the objection is dismissed, the order becomes enforceable. This process can produce an enforceable title within weeks rather than years, making it the instrument of choice for liquid, well-documented claims.

Where a defendant actively disputes the debt, full adversarial proceedings before the competent commercial court become necessary. The claimant files a detailed statement of claim supported by all documentary evidence. The defendant responds with a statement of defence, also in writing. The court may then schedule an oral hearing at which witnesses may testify, or may proceed to judgment on the papers alone. This distinction – whether the court requests a hearing – is determined by the presiding judge and significantly affects the overall timeline.

For clients with cross-border exposure, Greek courts also recognise and enforce foreign arbitral awards under the New York Convention framework. The exequatur (recognition of a foreign judgment in Greek law) procedure allows holders of judgments or arbitral awards from EU member states or New York Convention signatory states to obtain a Greek enforcement order. EU judgments benefit from the Brussels I Recast Regulation, which significantly simplifies recognition: for most EU judgments, no separate recognition procedure is required before enforcement measures can be taken in Greece. This pathway is relevant for businesses that have obtained a judgment in Portugal, Germany, or another EU member state and need to enforce against Greek assets.

To explore how arbitration and mediation intersect with court proceedings in Greece, the firm's dedicated overview of litigation and arbitration in Greece sets out the strategic choice between those routes in detail.

To discuss how these instruments apply to your specific claim in Greece, contact us at info@ferrazwhitmore.com.

Procedural pitfalls and what international clients underestimate

The procedural demands of Greek commercial litigation create specific traps for businesses that have not previously litigated in a civil law jurisdiction.

Service of process is the first risk point. Greek civil procedure requires formal service of the statement of claim on the defendant through a court bailiff. For defendants domiciled outside Greece, service must comply with the Hague Service Convention or, for EU defendants, the EU Service Regulation. Errors in service – including serving at an incorrect address or failing to translate documents into the defendant's language where required – invalidate the proceedings and restart the clock. Practitioners in Greece note that service errors in cross-border matters are among the most frequently litigated procedural issues at the early stages of a case.

The evidentiary front-loading rule imposes a discipline that many international clients resist. Legal teams used to common law disclosure have a natural tendency to hold back documents for tactical reasons or simply because they have not yet been gathered. In Greek proceedings, any document not filed with the initial pleading is presumptively inadmissible later. The burden of compiling a complete documentary record before the statement of claim is filed is therefore substantial. This typically means several weeks of intensive document review before proceedings can even commence.

Language requirements add another layer of complexity. All court documents must be in Greek. Foreign-language contracts, correspondence, and certificates must be accompanied by certified translations. The cost and time involved in translating a large volume of commercial documentation is frequently underestimated at the budgeting stage. Translation errors that alter the meaning of a contractual term can have material consequences in proceedings.

Costs recovery in Greek litigation differs from the English model. Courts may award costs to the successful party, but the amounts assessed rarely reflect actual legal expenditure. The practical consequence is that even a successful claimant in Greece is unlikely to recover the full cost of its legal representation from the losing party. This changes the economics of pursuing smaller commercial claims and makes settlement – on commercial rather than purely legal terms – a more attractive option at earlier stages than clients from cost-recovery jurisdictions might expect.

Enforcement after judgment is a separate process that adds time and cost beyond the judgment itself. A Greek judgment is not self-executing. The creditor must engage a court bailiff, identify the debtor's assets, and apply for specific enforcement measures such as bank account attachment or real property auction. If the debtor has structured its assets across multiple entities or jurisdictions, enforcement may require parallel proceedings or asset-tracing work before any recovery is achieved.

Cross-border strategy: Greece, Portugal, and the EU dimension

For businesses operating across EU member states, the interaction between Greek proceedings and the broader EU civil justice system is a central strategic consideration.

The Brussels I Recast Regulation governs jurisdiction and judgment recognition across EU member states. Where a contract contains a jurisdiction clause designating Greek courts, or where the defendant is domiciled in Greece, Greek courts will generally accept jurisdiction. Where the clause designates a court in another EU member state – such as a Portuguese commercial court – any proceedings brought in Greece may be challenged on jurisdictional grounds. This conflict arises regularly in disputes between Greek subsidiaries and their European parent companies.

International clients with exposure in both Greece and Portugal face a specific structural challenge. A judgment obtained before a Portuguese commercial court, or through Portuguese corporate dispute resolution in Portugal, can be enforced directly in Greece under the Brussels I Recast Regulation without a separate recognition procedure. Conversely, a Greek judgment can be enforced in Portugal by the same mechanism. This mutual enforceability means that the choice of where to initiate proceedings. Greece or Portugal. may be driven by practical considerations such as where the defendant's primary assets are located. There. The contract was performed. Alternatively. This court system offers a faster first-instance procedure on the facts.

Greek courts also interact with EU Regulation on the European Account Preservation Order (Europaïkí Diatassómeni Apostolí Logariasmón). This instrument allows a creditor to freeze bank accounts in any EU member state without giving prior notice to the debtor, provided the creditor can demonstrate a risk of asset dissipation. For international claimants whose debtors hold accounts in both Greece and other EU member states. The European Account Preservation Order can be obtained from a single court and applied simultaneously across jurisdictions. a significant tactical advantage in cases where speed is critical.

EU Mediation Directive-compliant mediation has been progressively integrated into Greek civil procedure. For cross-border commercial disputes within the EU, mediation is encouraged – and in some categories of dispute is a required preliminary step – before full court proceedings. International clients should verify whether their specific dispute falls within a category for which a mediation attempt is required under Greek civil procedure rules before filing in court. Failure to observe this requirement can result in the claim being returned without being heard on the merits.

For a more granular analysis of how Portuguese and Greek legal pathways interact in cross-border enforcement matters. The firm's guide to establishing a presence in Greece addresses the structural questions that typically arise before a dispute materialises.

For a tailored strategy on managing a commercial dispute across Greek and EU jurisdictions, reach out to info@ferrazwhitmore.com.

Self-assessment checklist before commencing litigation in Greece

Commercial litigation in Greece is most appropriate when the following conditions are present. Before instructing counsel to file, verify each point.

Threshold conditions for proceeding:

• The claim amount justifies the expected legal fees, translation costs, court filing fees, and indirect costs of management time over a one-to-three-year timeframe.
• The limitation period has not expired and will not expire within the next three to six months without immediate action.
• Documentary evidence supporting the claim – signed contracts, invoices, delivery records, correspondence – is substantially complete and available in Greek or translatable.
• The defendant is solvent or has identifiable assets in Greece or another EU member state against which a judgment could be enforced.
• The dispute is not subject to a binding arbitration clause or a jurisdiction clause designating courts outside Greece.

Before filing, confirm:

• The correct competent court has been identified based on the claim amount and subject matter.
• The defendant's legal name, registered address, and domicile in Greece have been verified through a company registry search or equivalent.
• All documents to be relied upon have been gathered, reviewed, and – where in a foreign language – sent for certified translation.
• The question of whether an interim injunction should be sought simultaneously with or before the main claim has been assessed by Greek-qualified counsel.
• The potential applicability of the payment order procedure has been considered as a faster and lower-cost alternative to full adversarial proceedings.

Trigger points for reviewing strategy mid-proceedings:

• If the defendant becomes insolvent after proceedings are commenced, the matter may shift from commercial litigation to insolvency proceedings – typically triggered by a formal insolvency declaration or appointment of a liquidator.
• If new evidence emerges that was not available at the pleading stage, counsel should immediately assess whether that evidence can be introduced and by what procedural mechanism.
• If a settlement offer is received that covers the principal amount and a material proportion of estimated legal costs, the economics of continuing to judgment should be reassessed against the remaining procedural risk.

Frequently asked questions

How long does commercial litigation in Greece typically take from filing to judgment?

First-instance proceedings in the main commercial courts – Athens and Thessaloniki – typically run between twelve months and three years from the date of filing to a first-instance judgment. The timeline depends on whether witness hearings are ordered, the court's current scheduling load, and the number of interlocutory applications filed by either party. An appeal to the Court of Appeal adds a further one to two years in most cases. Engaging a lawyer in Greece with experience in commercial court scheduling can help manage procedural steps to avoid unnecessary delays.

Can a foreign company bring a commercial claim in Greek courts without a Greek entity?

A common misconception is that foreign claimants must have a registered presence in Greece to litigate there. This is incorrect. A foreign company can bring a claim before Greek courts provided the court has jurisdiction under Greek civil procedure rules or the Brussels I Recast Regulation. The foreign company will need to be represented by a Greek-qualified lawyer and will need to produce its corporate documents – certified and translated into Greek – to establish its legal standing before the court.

What does a court filing cost in Greece for a commercial claim?

Court filing fees in Greece are calculated as a proportion of the claim amount and vary depending on the court competent to hear the matter. For significant commercial claims, fees can reach several thousand euros at the filing stage alone. Legal fees charged by local counsel are additional and depend on the complexity of the matter, the volume of documentation to be reviewed, and the anticipated length of proceedings. A law firm in Greece experienced in cross-border commercial matters will provide a fee estimate once the full facts are known.

About Ferraz & Whitmore

Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our commercial litigation practice covers dispute resolution before Greek commercial courts, cross-border enforcement under EU civil procedure rules, and integrated strategies that combine court proceedings with interim relief and asset-tracing. We combine Portuguese civil law expertise with English common law tradition. a dual perspective that is directly relevant for businesses navigating Greek civil procedure while managing exposure in other EU member states or common law jurisdictions. The firm's lawyers have advised on commercial dispute matters across both civil law and common law systems, appearing before courts and arbitral bodies in Europe and beyond. Ferraz & Whitmore is a member of international legal associations focused on cross-border litigation and dispute resolution, with direct access to Portuguese and EU regulatory systems and enforcement networks. As an international law firm in Greece and across the EU, we work with in-house legal teams, institutional investors, and international entrepreneurs who need results-oriented counsel. To discuss your commercial dispute in Greece and explore the most effective strategy for your situation, contact us at info@ferrazwhitmore.com.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.