July 2023 – Annulment of Auction Procedure (declaration of continuation) due to indefiniteness of the Notification of the declaration of the auction published on e-auction platform

Recently, Decision No. 1364/2023 was issued by th Single-Member Piraeus Court of First Instance, which annulled the Auction Continuation Declaration of the opposing party, expediting the auction against the property of our principals, because of the indefiniteness of the Notification of the Declaration of the auction which is published on e-auction (public auctions website).

More specifically, the above decision adopted our proposed ground of opposition (brought under Art. 973 of  the Greek Code of Civil Procedure) and our relevant argumentation, stating the following: “From the above, it follows that the contested Auction Notification Statement presents irregularities, which cause the auction process to be invalid (…), given that critical information for the auction process, such as the fact that the new auction is a continuation of an incomplete auction, as well as critical elements of the identity of the litigated real estate, while at the same time confusion is caused as of the identity of the auctioned real estate and the rights over them, with the result that it is highly possible that either, in the event that the auction is concluded and the successful bidder later wants to withdraw, any legal defects of the litigated real estate may be invoked which he could not discover in time due to the incomplete information in the Auction Notification Statement (a fact that will lead to claims of the successful bidder overtuning the auction, increased costs which ultimately will be borne by the defendant), or, in the event that the auction is not effective, this will also be a result of the incomplete information in the Auction Notification Statement as to the identity of the real estate and rights in question. From all the above, it follows that the contested Auction Notification Statement and the deeds on which it is based (the contested Declaration of Continuation and No. … Deed of the Notary …) suffer from invalidity, and consequently the entire procedure expedited against the defendants suffers from invalidity too.”