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 annulment of Payment Order No. 5404/2023 issued by the Athens Peace Court was sought.
Among the grounds for annulment presented, it was asserted that the opposing party, although claiming that the remaining balance of the loan agreement was €20,000.00 (including specifically specified interest and expenses), without providing justification, applied for and obtained the issuance of a Payment Order for the amount of €13,000.00, without specifying which of the contested claims (principal, interest) was left out. Therefore, the demand of the opposing party incorporated into the Payment Order was uncertain, contrary to the legal requirements that the lender’s claim must be certain for the issuance of a Payment Order.
The Court, through its decision numbered 98/2024, accepted our motion and annulled the aforementioned Payment Order.