28280/2008
MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

The Multimember Court of First Instance of Thessaloniki judges the application for interim measures only during the discussion of the main case. If the application for interim measures is brought to discussion to the Multimember Court before the discussion of the suspending main case, its discussion is declared as inadmissible, aiming at its co-judgment with the main case. Inadmissible discussion of the application under judgment.

3/1990

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

APM/1991 (65) Companies. Agreement of the members on settlement of disputes between partners by arbitrator. Disputes arose upon the company’s dissolution regarding the distribution of the corporate assets. Mistake in the productive reasons of willingness caused via fraud. Legal act invalidity. Civil Procedure. Application for appointment of arbitrator by the Five-Member Council. Non-summon of the opposite party.

3832/2008 

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Certificate of succession. Presumption of acceptance of the succession due to lapse of four-month deadline for the waiver of the succession. In any case, even only the interference of heir in the succession with his submission of application under judgment for the issue of certificate of succession constitutes tacit acceptance of the entire succession/inheritance.

396/2012

FIRST-INSTANCE JUDICIAL COUNCIL OF THESSALONIKI

Fraud repeatedly and persistently with total benefit and respective damage exceeding the amount of 73.000 euro. Elements of objective and subjective substance. Presentation of false facts as real facts, so that the defendant takes money from the plaintiffs in order to invest to the Stock Exchange. The defendant never proceeded to the presentation of false facts as real facts, as alleged by the plaintiffs. Jurisdiction not to press charges.

438/2014

SINGLE MEMBER COURT OF FIRST INSTANCE OF KOZANI

Highway [Traffic] Code (ΚΟΚ). Parking of vehicle within the hard shoulder in case of compulsory immobilization due to damage and lack of parking space. Neglectful driving behavior. Exceeding speed limit. Placement of triangle warning sign at distance less than 100 meters from the immobilized vehicle. No grounded connection with the cause of the road accident. The driver was not obliged to call Egnatia Odos Assistance Service due to the car damage. International jurisdiction. The contractual obligations are regulated by the law subject for both parties and, if there is no such law, the competent law to the contract by the special conditions is applied (article 25 of the Civil Code), while the offense obligations are governed by the law of the state where the offense took place (article 26 Civil Code). German Law. The substitution of the insurance organization both in private sector and in the social security field, occur ex officio by the law. 

4595/2014

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Lins pendens. The submission of payment order issue request, as non leading to lins pendens, does not hinder the filing of ordinary action for the same financial claim. On the contrary, lins pendens by the filing of ordinary action renders inadmissible the jurisdiction of the payment order issue request and the order that may have been issued constitutes invalid title and is cancelled via opposition.

48178/2007
SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Full privative judicial support. Granting license of sale by the judicial supporter of the supported person’s real estate. Conditions. Taking into account the interest of the supported person.

5160/2008

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Purchase and sale agreements. Delivery of merchandises in the defendant’s site and collection by the subcontractor on its behalf. The defendant’s allegation that the subcontractor did not place all the materials in its project but used to keep them for himself and, supposedly this is true, this has no legal influence in this case, since it regards exclusively the subcontract’s agreement between the subcontractor and the defendant, whose unfavorable progress nobody knew and the seller-plaintiff was not obliged to know either.

5299/2010 

MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Relations between parents and children. The child quality as child born within the frame of a marriage may also be contested by the man with whom the mother, being separated by her husband, had permanent love/sexual relationship during the time of the child conception. In case the plaintiff of the action contesting paternity is the man who had love/sexual relationship with the mother (article 1465 al.5 CC), the decision that accepts paternity contest, brings ex officio judicial recognition of the child by this man, when this decision becomes irrevocable.

5819/2008

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Leasing of Private Passenger car. Refuse to pay the leasing. The lessee is obliged, throughout the leasing, to show the required care about the lease and restitute this, upon the leasing expiry, at the same good situation as initiallyreceived, being liable against the lessor for compensation in case of breach of this liability, as occurs in case of lease restitution with unjustified injuries due to the normal wear. Car lease restitution with material damages.

6249/2008
MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Article 920 Civil Code. Special form of tort for the protection of the financial substance of individuals from damages that could have been caused upon the support or diffusion or unreal facts and news, jeopardizing their faith, profession or future. The same protection could have been granted also based on the article 57 of the Civil Code that regulates the liable infringement of the absolute right in personality but the as above regulation was judged to be necessary in order to avoid doubts whether the goods protected by the article 920 of the Civil Code constitute expressions of this general and absolute right on personality. Compensation due to moral damage on infringement of personality.

7456/2008 
SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Bills of exchange. Opposition against payment order. The obligation for pre-evidencing presentation of the original title, which is liability of the lender-respondent in the opposition, and the violation of which leads to immediate acceptance of the opposition as founded, exists only when the petitioner states allegations referring to the title’s defects, proved by the content or related to the quality of the opposing party, as legal bearer of the title, since in any other case, the possession is not doubted. Invalidity of payment order because bills of exchange do not mention the place of issue and there is no notice of such details next to the issuer’s name.

7765/2010

MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Sale. Evidence. Unacceptable evidence. Solemn declaration of the l.1599/1986 without date. Constitutes unacceptable evidence because its content reveals the conclusion that it was given for the needs of this trial, without respecting the law formalities, for the examination of witnesses before the audience or without audience.

HELLENIC NATIONAL CADASTRE – COMMISSION OF OBJECTIONS

JUDGMENT: ΚΤ16-ΘΕΣ-2/ΚΤ160028/24

National Cadastre. Commission of Objections. Claim of ownership of fungible property by the State’s Land Service. For most plots within the limits of the fungible property, Title deeds were issued by the Land Service of the Ministry of Agriculture and Care. Transmission to the licensors of the current beneficiaries with legally transcribed titles of ownership. The objection by the State’s Land Service is rejected.

HELLENIC NATIONAL CADASTRE – COMMISSION OF OBJECTIONS

JUDGMENT:140046/6/9/156

National Cadastre. Commission of Objections. Old seashore of Thessaloniki. Public property BK168. The old seashore and old side release their former public feature and penetrate into the private property of the State. The land possession acquired its final form upon acts of settlement, deliberation and redistribution of building plots, with the suggested compensations of third persons, self-compensations or definition of final compensation values by the First Instance Court of Thessaloniki. Greek State compensation for parts belonging in the old seashore. Payment of compensation for the ratification resulting to the real variation of the full ownership right. Set beneficiaries. Acquisition, possession and occupancy in good faith by the affected private individuals, who support their right to successive legal transcribed titles. Violation of the principle of proper administration. Recognition of ownership against the Greek State with irrevocable Court judgments. Accepts partially the objection by the Greek State.