Recognition of Foreign Court Judgments in Greece

A court judgment issued abroad may also need to be used in Greece. This frequently arises where the judgment concerns a person’s personal or family status, such as divorce, annulment of marriage, adoption, change of first name or surname, judicial guardianship, or another change that must be taken into account by a Greek authority.

In many cases, simply presenting the foreign judgment is not sufficient. The competent authority may first require its recognition by a Greek court in order to establish that the judgment is capable of producing legal effects in Greece.

What Recognition of a Foreign Judgment Means

Recognition of a foreign judgment means that a court judgment issued in another country is accepted within the Greek legal order.

This procedure is particularly important where the judgment alters the personal status of the person concerned. For example, where a divorce has been granted abroad, a marriage has been annulled, an adoption has taken place, or a first name or surname has been changed by a foreign judgment, judicial recognition may be required in order for that change to be officially recorded in Greece.

The Non-Contentious Jurisdiction Procedure

Recognition of a foreign judgment is often pursued through the non-contentious jurisdiction procedure. This is a judicial procedure used in cases where the court is called upon to determine whether a particular legal status may be recognised in Greece.

In practice, the interested party files an application before the competent Greek court requesting recognition of the foreign judgment. The court examines the judgment, the accompanying documents, and whether the applicable legal requirements have been satisfied.

This procedure does not mean that the case is tried again from the beginning. The Greek court does not repeat the proceedings conducted abroad and does not reconsider the merits of the case. For example, in the case of a foreign divorce judgment, it does not examine whether the marriage should or should not have been dissolved. It examines only whether the particular judgment may be recognised in Greece under the applicable rules governing the recognition of foreign judgments.

Requirements Examined by the Court

For a foreign judgment to be recognised, the court examines whether the relevant statutory requirements have been met. Key issues include whether the foreign court had jurisdiction, whether the appropriate substantive law was applied, and whether the judgment is contrary to morality or Greek public policy.

Public policy operates as a limit on the recognition of foreign judgments. In simple terms, a judgment cannot be accepted where its content or legal effects conflict with fundamental principles of Greek law.

The assessment is carried out on a case-by-case basis, taking into account the type of judgment, the country in which it was issued, its content, and the documents accompanying it. For this reason, the same general procedure may involve different requirements depending on the particular case.

Judgments Issued in European Union Member States

Particular attention is required where the judgment was issued in a Member State of the European Union. In certain categories of cases, such as matrimonial matters and parental responsibility proceedings, specific European rules apply to the recognition and circulation of judgments between Member States.

In such cases, the same procedure followed for judgments issued in third countries may not be required. Recognition may instead take place on the basis of European certificates and the procedure established under the applicable EU legal framework.

For this reason, before any action is taken, it must be determined whether the judgment originates from an EU Member State and whether it falls within a specific European recognition regime.

Examples of Judgments That May Require Recognition

A common example is a foreign divorce judgment. Where a marriage has been dissolved abroad and the interested party needs to rely on that judgment before a Greek authority, recognition may be required, particularly where a relevant Greek court decision is requested before any further action can be taken.

Another common case concerns a judgment annulling a marriage or granting an adoption. These are judgments that directly affect a person’s family status and, depending on the purpose for which they are to be used, may require prior recognition.

Similarly, the procedure may concern foreign judgments relating to a change of first name or surname, judicial guardianship, or other decisions that alter the personal status of the person concerned.

Legal Assistance with the Recognition of Foreign Judgments

Our law firm handles cases involving the recognition of foreign court judgments in Greece through the non-contentious jurisdiction procedure.

We review the judgment and the accompanying documents, arrange for the necessary translations, prepare the case file, and submit the application before the competent Greek court, ensuring that the procedure progresses in a smooth, organised, and straightforward manner.