Skip to main content

Enforcement of Foreign Judgments in Greece: A Practical Guide for International Businesses and Individuals

Written on . Posted in Insights.

How Foreign Court Judgments Can Be Recognised and Enforced Against Assets Located in Greece

Obtaining a court judgment is often only the first step in a dispute. A successful claimant may still face a significant challenge if the losing party’s assets are located in another country.

This is particularly common in cross-border commercial disputes, fraud cases, debt recovery proceedings, shareholder disputes and international asset recovery matters.

For many creditors, the crucial question is not whether they have won the case, but whether they can enforce their judgment against assets located in Greece.

The answer depends on several factors, including the country where the judgment was issued, the applicable international framework and the nature of the judgment itself.

This guide provides an overview of the recognition and enforcement of foreign judgments in Greece.

Why Recognition Is Necessary

As a general principle, a foreign judgment does not automatically produce enforcement effects in Greece.

Before enforcement measures can usually be taken against assets located in Greece, the judgment must first be recognised under the applicable legal framework.

Recognition serves several purposes:

  • confirming the legal effect of the foreign judgment;
  • preventing inconsistent decisions;
  • protecting procedural fairness;
  • allowing subsequent enforcement against Greek assets.

The precise procedure depends on the origin of the judgment.

Different Rules Depending on the Country of Origin

The applicable legal framework varies significantly.

The position differs depending on whether the judgment originates from:

  • another European Union Member State;
  • the United Kingdom;
  • the United States;
  • a non-EU country with a relevant treaty;
  • a non-EU country without a treaty framework.

For this reason, the first step in any enforcement analysis is identifying the legal regime that applies.

Judgments from European Union Member States

The enforcement of judgments originating from EU Member States is generally governed by the Brussels I Recast Regulation (Regulation (EU) No. 1215/2012).

Under this framework, judgments issued in one Member State are generally recognised and enforceable throughout the European Union without the need for separate recognition proceedings on the merits.

The creditor will typically need to obtain:

  • a certified copy of the judgment; and
  • the relevant certificate issued by the court of origin.

The Greek courts do not re-examine the substance of the dispute.

This significantly simplifies cross-border enforcement within the European Union.

Enforcement of Judgments from the United Kingdom

The legal position changed following Brexit.

Judgments issued by English courts no longer benefit from the Brussels I Recast system.

As a result, recognition and enforcement generally require reliance on:

  • applicable international conventions;
  • domestic Greek procedural rules;
  • common principles governing foreign judgments.

The analysis therefore becomes more complex than in cases involving EU judgments.

For international businesses, this has become an increasingly important consideration when drafting jurisdiction clauses.

Enforcement of U.S. Judgments in Greece

Unlike judgments from EU Member States, U.S. judgments do not benefit from a simplified European recognition regime.

Recognition is generally governed by the provisions of the Greek Code of Civil Procedure concerning foreign judgments.

Greek courts will typically examine whether:

  • the foreign court had jurisdiction;
  • the defendant’s right to be heard was respected;
  • the judgment is final and enforceable;
  • recognition would violate Greek public policy;
  • conflicting Greek judgments exist.

The court does not ordinarily conduct a fresh trial on the merits of the dispute.

However, recognition remains a necessary step before enforcement measures can proceed.

The General Recognition Requirements

Although the specific rules vary, several recurring principles appear in most recognition proceedings.

Greek courts commonly examine:

International Jurisdiction

Whether the foreign court properly exercised jurisdiction.

Due Process

Whether the defendant received adequate notice and an opportunity to participate.

Finality

Whether the judgment is final and enforceable in the country of origin.

Public Policy

Whether recognition would be manifestly incompatible with fundamental principles of Greek law.

Absence of Conflicting Judgments

Whether a conflicting Greek judgment already exists.

These requirements are particularly important in cases involving non-EU judgments.

Can Greek Courts Reconsider the Merits of the Case?

Generally, no.

Recognition proceedings are not an appeal against the foreign judgment.

Greek courts do not ordinarily reassess:

  • the evidence;
  • witness credibility;
  • factual findings;
  • legal reasoning.

The purpose of the procedure is to determine whether the judgment satisfies the legal requirements for recognition.

The substantive dispute itself is usually not reopened.

What Happens After Recognition?

Once recognition has been obtained, the judgment creditor may generally pursue enforcement measures against assets located in Greece.

Depending on the circumstances, enforcement may target:

  • bank accounts;
  • real estate;
  • company shares;
  • receivables;
  • movable property;
  • other assets belonging to the debtor.

The available mechanisms are broadly similar to those available for domestic judgments.

Interim Measures Before Recognition

In urgent cases, creditors may consider seeking interim protective measures before full recognition proceedings are completed.

This can be particularly important where there is a risk that assets may be:

  • transferred;
  • concealed;
  • dissipated;
  • moved outside the jurisdiction.

Asset preservation often becomes a critical issue in international enforcement cases.

Early legal action may significantly improve recovery prospects.

Enforcement in Fraud and Asset Recovery Cases

Recognition proceedings frequently form part of a broader asset recovery strategy.

This is particularly common where the underlying dispute concerns:

  • fraud;
  • embezzlement;
  • breach of trust;
  • corruption;
  • misappropriation of assets.

In such cases, enforcement efforts may be coordinated with:

  • asset tracing investigations;
  • criminal proceedings;
  • asset freezing measures;
  • cross-border recovery actions.

Successful recovery often depends on combining multiple legal tools.

Common Challenges in Recognition Proceedings

Service of Process Issues

The defendant may argue that proper notice was never given.

Jurisdictional Objections

Questions may arise regarding the competence of the foreign court.

Public Policy Concerns

Certain judgments may be challenged on public policy grounds.

Parallel Proceedings

Existing Greek litigation may complicate recognition.

Enforcement Difficulties

Even after recognition, locating recoverable assets may remain challenging.

Why Early Enforcement Planning Matters

One of the most common mistakes made by successful litigants is waiting until after judgment to consider enforcement.

Effective international litigation should address:

  • asset location;
  • debtor solvency;
  • enforcement prospects;
  • cross-border recovery strategies.

The most valuable judgment is often the one supported by an effective enforcement plan from the outset.

Conclusion

The recognition and enforcement of foreign judgments in Greece play a crucial role in international dispute resolution and asset recovery. While the applicable procedure depends on the country of origin and the relevant legal framework, Greece generally provides effective mechanisms for recognising and enforcing foreign court decisions.

For creditors, however, recognition is only part of the process. The ultimate objective is successful enforcement against identifiable assets. Careful planning, early asset investigations and strategic use of preservation measures frequently determine whether a judgment becomes a meaningful recovery or merely a paper victory.

Frequently Asked Questions

Can a foreign judgment be enforced directly in Greece?

It depends on the country of origin. Judgments from EU Member States benefit from a simplified framework, while non-EU judgments generally require recognition proceedings before enforcement.

Can U.S. judgments be enforced in Greece?

Yes, provided the relevant legal requirements for recognition are satisfied.

Can Greek courts review the merits of the foreign judgment?

Generally no. Recognition proceedings do not constitute a retrial of the underlying dispute.

How long does recognition take?

The timeframe depends on the complexity of the case, the applicable legal framework and whether objections are raised.

Can assets be frozen before recognition is completed?

In certain circumstances, interim protective measures may be available to preserve assets pending enforcement.

About the AuthorsKarydas – Fouskarinis & Associates advises international businesses, investors, insolvency practitioners and law firms on the recognition and enforcement of foreign judgments, cross-border litigation, asset tracing, asset recovery and international debt collection matters. The firm regularly assists clients seeking to enforce judgments against assets located in Greece and coordinate recovery efforts across multiple jurisdictions.