272/2009

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI (INTERIM MEASURES)

Restitutio in integrum, according to the article 730, par.2 of the Civil Procedure Code. Indispensable requirement for the application of this provision is the irrevocable ascertainment of non-existence of substantial right. Application of the father for restitution of the paid alimonies for minor child, due to final assignment of the minor’s custody to him. Non-legal application, since the decision of the custody assignment did not reveal the non-existence of the minor’s custody right during the time of the mother’s custody, therefore the requirement for irrevocable ascertainment of non-existence of substantial right is not met for the time period in issue.