Taking evidence (recast)

Greece

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Greece

Article 2(1) – Authorities that can be considered as courts

Competence to take evidence for the purposes of judicial proceedings in civil or commercial matters lies with the courts of first instance (Protodikeía) in Greece, on the basis of their territorial jurisdiction. No authorities other than courts have been designated.

Article 3(2) – Requested courts

The courts of first instance designated under Article 2(1), in the context of the execution of requests for legal assistance, have general jurisdiction to take evidence in all civil and commercial matters, on the basis of their territorial jurisdiction.

Click on the link below to see all the competent courts, pursuant to this Article, on the basis of their territorial jurisdiction (https://www.ministryofjustice.gr/wp-content/uploads/2021/10/Protodikeia.pdf).

Article 4 – Central body

The central body is the Ministry of Justice, Department of Private International Law (address: Leoforos Mesogeion 96, 11527 Athens). Contact: Giorgios Kouvelas, tel. +30 213 130 7529, +213 130 7480, email: civilunit@justice.gov.gr, gkouvelas@justice.gov.gr, xpappa@justice.gov.gr).

Article 6 – Languages accepted for completion of the forms

Languages accepted for the completion of the request: Greek.

Article 7 – Means accepted for transmission of requests and other communications

The technical means available to the courts mentioned in the list referred to in Article 3(2) for the transmission of requests may differ from one another and may change over time.

Personal consultation is therefore recommended, by means of electronic correspondence between the competent persons of the requesting court and the requested court, assisted by the central authorities if necessary. Commercial applications (e.g. Skype) can also be used, by prior agreement.

Article 19 – Central body or competent authority(ies) responsible for decisions on requests for direct taking of evidence

Central body or competent authority(ies) responsible for decisions on requests for direct taking of evidence: Ministry of Justice, Department of Private International Law (address: Leoforos Mesogeion 96, 11527 Athens). Contact: Giorgios Kouvelas, tel. +30 213 130 7529, +213 130 7480, email: civilunit@justice.gov.gr, gkouvelas@justice.gov.gr, xpappa@justice.gov.gr).

Article 29 – Agreements or arrangements to which Member States are parties and which comply with the conditions in Article 29(2)

This Regulation takes precedence over other provisions contained in the following bilateral agreements to which Greece is a signatory:

- Convention between Greece and Germany of 11 May 1938 on reciprocal legal support for cases under civil and commercial law (Emergency Law 1432/1938 – Government Gazette, Series I, No 399/1938);

- Convention between Greece and Yugoslavia of 18 June 1959 on mutual legal relations, ratified by Legislative Decree 4009/1959 (Government Gazette, Series I, No 238/5.11.1959);

- Convention between the Kingdom of Greece and the Republic of Austria on reciprocal legal assistance in the field of civil and commercial law, signed at Athens on 6 December 1965 (Legislative Decree 137/1969 – Government Gazette, Series I, No 45/1969);

- Convention between the Socialist Republic of Romania and the Hellenic Republic on legal assistance in civil and criminal matters, signed at Bucharest on 19 October 1972 (Legislative Decree 429/1974 – Government Gazette, Series I, No 178/1974);

- Convention between the People’s Republic of Bulgaria and the Hellenic Republic on legal assistance in civil and criminal matters, signed at Athens on 10 April 1976 (Law 841/1978 – Government Gazette, Series I, No 228/1978);

- Convention between the People’s Republic of Hungary and the Hellenic Republic on judicial assistance in civil and criminal matters, signed at Budapest on 8 October 1979 (Law 1149/1981 – Government Gazette, Series I, No 117/1981);

- Convention between the Polish People’s Republic and the Hellenic Republic on legal assistance in civil and criminal matters, signed at Athens on 24 October 1979 (Law 1184/1981 – Government Gazette, Series I, No 198/1981);

- Convention between the Hellenic Republic and the Socialist Republic of Czechoslovakia on legal assistance in civil and criminal matters, signed at Athens on 22 October 1980 and still in force as between the Czech Republic, Slovakia and Greece (Law 1323/1983 – Government Gazette, Series I, No 8/1983);

- Convention between the Republic of Cyprus and the Hellenic Republic on legal cooperation in matters of civil, family, commercial and criminal law, signed at Nicosia on 5 March 1984 (Law 1548/1985 – Government Gazette, Series I, No 95/1985).

Article 31(4) – Notification on the early use of the decentralised IT-system

Greece does not intend to put the decentralised system into operation earlier than required by this Regulation.

Last update: 24/08/2022

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