Banking Law

In the field of banking law, our services are focused on addressing credit crises for businesses and managing high debts for both businesses and individuals alike. With specialized knowledge in banking law, banking supervision law, and consumer protection law, we tackle any abusive practices by credit institutions and restore excessively burdensome and abusive contracts to a fair state. It is worth noting that we are one of the few firms with over 10 associates that have never taken on representation from a credit or financial institution (bank or debt management company). Our primary goal has always been to defend the borrower’s rights.

The company has extensive experience in handling banking law issues. Banking law includes specific regulations that are not typically known to the borrower-entrepreneur/consumer. This lack of knowledge can deprive the borrower of the ability to exercise their legal rights and may result in the imposition of illegal and unconventional charges during the execution of credit contracts. The issues that arise in the broad subject of banking law are numerous and require specialization and in-depth knowledge of this specific area of the law. For this reason, our associates regularly prepare and publish newsletters on current and classic banking law issues. In the section below this note, the reader can find and read these individual notes.

Moreover, within the framework of enforcement procedures, it is known that after the termination of credit agreements, credit institutions generally submit applications for the issuance of Payment Orders, which, if issued, are enforced based on the provisions of the Code of Civil Procedure for compulsory execution (compulsory seizure of movable and immovable property, freezing/seizure of bank accounts, etc.). Our law firm specializes in the immediate and effective handling of such cases, successfully applying the legal remedies provided, which highlight any illegal and abusive terms of banking contracts and any deficiencies in the issuance and execution of the payment order. Additionally, utilizing the institutional framework of insolvency law (bilateral negotiations, extrajudicial mechanism, restructuring process, etc.), efforts are made towards the extrajudicial resolution of disputes that arise with creditors-financial institutions.

Even in cases where the credit or financial institution has not upheld enforcement proceedings and, in general, aggressive actions against the debtor, legal representation is necessary for negotiating repayment terms and the continued operation of the loan agreement, as well as for the application of the Code of Ethics (Law 4224/2013). The well-documented and specific identification of the “impossible” points of the position of the creditor/financial institution strengthens the borrower’s proposal and supports the approval of the submitted requests by the committees of the banks or SPVs.

Indicatively, we provide the following services:

  • Legal support within the framework of the Code of Ethics Process of the Banks or within the framework of bilateral negotiations between the borrower and the credit/financial institution before the termination of the credit agreement.
  • Exercise of legal remedies and preventive measures to challenge the legality of contractual terms and the amount of the alleged debt, as well as failure to terminate the credit agreement by the credit/financial institution.
  • Exercise of legal remedies against an issued payment order.
  • Exercise of legal remedies during the enforcement process of a payment order or another enforceable title (opposition to compulsory seizure of movable or immovable property, opposition to foreclosure and/or eviction of the tenant from auctioned leased property, etc.).
  • Exercise of legal remedies for the suspension of the enforcement procedure (suspension of foreclosure, suspension of execution, etc.).
  • Legal support within the established procedures of insolvency law (bilateral negotiations, extrajudicial mechanism for debt settlement, restructuring process, etc.).

Latest news

March 2024 – Assigning sole custody of a minor to the father

Early March 2024, Decision No. 35/2024 was issued by the Single-Member Aegean Court of Appeals,... Read More

March 2024 – Judicial Recognition of the Nullity of Loan Agreement Terminations with a Total Alleged Debt of €3,800,000.00

Or, how the legal battle within the courtrooms effectively paves the way for the signing... Read More

February 2024 – Suspension of Payment Orders and writs of payment for the amount of €50.000 and €150.000 respectively.

By the Provisional Orders of the Athens Court of First Instance of 08.02.2024 and 27.02.2024,... Read More

Acquisition of a Registered Ship by a Non-Owner through Forced Auction

Stavros Theodoropoulos, Partner I. Introduction: A. Property Law, Formal and Substantial PublicityThe set of rules regulating legal... Read More

February 2024 – Annulment of Payment Order by the Athens Peace Court

On December 15, 2023, the motion of our principal/company was held, pursuant to which the... Read More

January 2024 – Suspension of enforcement of a 427.000,00€ Payment Order

Pursuant to decision number 93/2024 from the Insurance Court of Athens, the enforcement of a... Read More

December 2023 – Judicial annulment of guarantee agreement

Decision numbered 421/2023 was issued by the Multi-Member First Instance Court of Athens, according to... Read More

Case Study – Abuse of enforcement proceedings

LEGAL INSIGHT Andreas Asimakopoulos, Lawyer Recently, Decision No. 1734/2023 was issued by the Single-Member Athens Court of... Read More