Can UK debt be enforced in Greece?

Enforcement of UK Debts in Greece

Following the United Kingdom's transition out of the European Union, there have been questions regarding the enforceability of UK judgments in Greece. This article aims to clarify the legal framework governing this matter.

General Principle

As a general rule, UK judgments rendered after the transition period are enforceable in Greece. This principle is subject to the provisions of Greek civil procedure law, which will govern the recognition and enforcement process.

Articles Governing Enforcement

The process of recognizing and enforcing UK judgments in Greece is guided by the following articles of the Greek Code of Civil Procedure:

• Article 323: Provides for the recognition of foreign judgments based on reciprocity.
• Article 780: Outlines the procedure for obtaining an enforcement order for foreign judgments.
• Article 905: Establishes the grounds for refusal of enforcement.

Procedure for Enforcement

To enforce a UK judgment in Greece, the following steps are typically required:

1. The judgment creditor must first obtain a certificate of enforceability in the UK.
2. The certificate of enforceability must be translated into Greek.
3. The judgment creditor must file an application for enforcement with the competent Greek court.
4. The court will examine the application and decide whether to issue an enforcement order.

Grounds for Refusal of Enforcement

The Greek court may refuse to enforce a UK judgment if:

• The judgment is not final and binding.
• The judgment has been obtained fraudulently.
• The judgment violates Greek public policy.
• There is a pending appeal against the judgment in the UK.

Reciprocity

It is important to note that the enforceability of UK judgments in Greece is based on reciprocity. This means that Greece will only enforce UK judgments if the UK is willing to enforce Greek judgments.

Conclusion

UK judgments rendered after the transition period are enforceable in Greece, subject to the provisions of Greek civil procedure law. The process of enforcement involves obtaining a certificate of enforceability in the UK, filing an application with the Greek court, and meeting specific requirements.