May 2025 – Law 3869/2010: Agrinio Court of First Instance Halts Forced Execution

Interim order issued by the Single-Member Court of First Instance of Aetolia-Acarnania – Suspension of any enforcement proceedings against our client’s assets and prohibition of any actions aimed at excluding him from the protection framework of Law 3869/2010.

Τhe Single-Member Court of First Instance of Aetolia-Acarnania (Agrinio) issued an Order, in the context of our client’s application for interpretation regarding the method of calculating the interest rate under Article 9 (2) of Law 3869/2010.

Our client was unable to pay the full amount of the monthly installment due to the imposition of excessive interest charges by the creditors, which exceeded twice the monthly amount determined by the Court. This situation arose because the creditors calculated interest on the total capital amount designated in the court’s decision for repayment under Article 9 (2) of Law 3869/2010 (relating to the exclusion of the primary residence from liquidation), rather than on the monthly installment itself, while the European Central Bank interest rates have significantly increased.

Within the framework of the interpretation application concerning the calculation of the interest rate under Article 9(2) of Law 3869/2010, we petitioned the Court for the issuance of an Order to protect our client from enforcement actions initiated by the creditors against his assets, as well as from any actions aimed at his exclusion from the protective provisions of Law 3869/2010, until the hearing of the interpretation application. Our petition was granted, and an Interim Order was issued, by which:
a) the actual and legal status of our client’s property was ordered to be preserved, b) the respondents (creditors) were prohibited from initiating or continuing any enforcement proceedings against the client’s assets, and c) the respondents were ordered to refrain from any action aimed at terminating our client’s inclusion in the protective framework of Law 3869/2010, until the hearing of the aforementioned interpretation application, and subject to its adjudication.