December 2024 – Dismissal of Action for Challenge of Disinterested Donation Against Our Client

Inadmissibility of the action due to failure to register in the Land Registry and procedurally impermissible auxiliary joinder of defendants.

A recent judgment, no. 10050/2024, was issued by the Single-Member Court of First Instance of Athens (Ordinary Procedure), dismissing as inadmissible an action brought against our client and other co-defendants. The action sought to annul, as disinterested donations, certain inheritances received by our client and the other co-defendants. The action was alternatively based on provisions concerning unjust enrichment.

The aforementioned judgment ruled that the action challenging the disinterested donations was entirely inadmissible due to the failure to register the claim in the cadastral records of the disputed properties. Specifically, as regards our client, the action was deemed procedurally impermissible due to the auxiliary joinder of defendants.