Preliminary injunctions (“asfalistika metra”) are powerful legal mechanisms under Greek civil procedure, designed to urgently safeguard rights at risk of irreparable harm. According to Article 682 of the Greek Code of Civil Procedure (CCP), such measures are applied when an urgent situation or imminent danger threatens a legal right, in order to prevent irreversible consequences.
- Key Features of Preliminary Injunctions
- Serve to temporarily protect rights until the final adjudication of the main case.
- Filed via written application before the competent Single-Member Court of First Instance.
- Can be requested for future rights or those subject to conditions or deadlines (Law 4335/2015).
- If the main claim is pending before a Multi-Member Court, the injunction can also be heard there.
- Types of Injunctions under Greek Law
Common provisional measures under the CCP include:
- Security Deposit (Art. 703 CCP)
- Conservatory Seizure (Art. 707 CCP)
- Registration of a Mortgage Pre-notation (Art. 710 CCP)
- Judicial Escrow or Custody (Art. 725 CCP)
- Temporary Award of Claims (Art. 728 CCP)
- Temporary Regulation of Legal Situations (Art. 731 CCP)
- Sealing, Unsealing, Inventory, Public Deposit (Art. 738 CCP)
- European Account Preservation Order (Reg. EU 655/2014)
🔍 The court selects the most appropriate measure based on the nature and urgency of the case.
- Court Procedure and Deadlines
- The application must be served on the opposing party in advance.
- Exception to service may be granted in extremely urgent cases (Art. 687 CCP).
- Greek case law emphasizes mandatory service in certain proceedings—e.g., suspension of enforcement actions (e.g., Patras Court Decision 272/2023).
- The Role of the Interim Order (“Prosorini Diatagi”)
According to Article 691A CCP, an interim order is a complementary emergency measure aimed at:
- Preventing irreversible damage before the hearing of the injunction application.
- Preserving a legal right temporarily until the main injunction decision is issued.
🔸 Key characteristics:
- It is not a formal court judgment, but constitutes an enforceable title (Art. 904(2)(g) CCP).
- It may be issued upon request or ex officio by the judge.
- The respondent may request its revocation.
- If the injunction hearing does not occur within 30 days, the interim order automatically lapses.
- ✅ Conclusion: Why Injunctive Relief Matters
Provisional measures and interim orders are crucial legal safeguards, offering speedy and targeted protection of rights before a final court decision.
📌 Choosing the correct type of measure, and presenting well-documented evidence, significantly increases your chances of success.
Need legal advice on urgent matters?
Reach out to our legal team at www.prili-law.gr for expert assistance in handling injunctions, interim orders, and emergency legal remedies in Greece.
