November 2023 – Annulment of the seizure report of real estate property – Abuse of enforcement proceedingslawuser
Recently, Decision No. 1734/2023 was issued by the Single-Member Athens Court of First Instance, by which the enforcement actions (writs of payment, order for execution, seizure of immovable property), on the basis of which the forced auction of our principals’ real estate was accelerated, were annulled.
The aforementioned Decision acknowledged the legal and substantive validity our opposition, according to which we requested the annulment of the enforcement actions due to abusive, in violation of article 116 of the Code of Civil Procedure and of article 281 of the Civil Code, exercise of procedural rights in order to achieve the satisfaction of alleged claims against our principals.
The annulment of the enforcement proceedings was based on the fact that while there was an ongoing legal proceeding before the Athens Court of Appeals (appeal by the creditor for the disappearance of another decision of Athens Court of First Instance which had annulled a previously imposed seizure on the same real estate property of our principals for his same alleged claim) from which the creditor had not withdrawn, it chose to enforce a new seizure against them (on the same properties of our principals, for the same alleged claim).
For more information on this decision and the legal issues it deals with, click here.