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ΠΑΝΑΓΙΩΤΗΣ ΛΙΑΠΗΣ

ORDERS FOR PAYMENT

EL ΕΥΡΩΠΑΪΚΟ ΚΟΙΝΟΒΟΥΛΙΟ2004 2009 Επιτροπή Πολιτικών Ελευθεριών, Δικαιοσύνης και

Εσωτερικών Υποθέσεων 2004/0055(COD)16.6.2005

AD\570852EL.doc PE 357.775v02-00

ATHENS 2010



Novel of NON DEEP REALITY – FANTASY PRODUCT

With lots of love dedicated, to my parents, to EL_lines in Natalia, Olga,Onder, and of course to my colleagues

By PriceLIAPIS Panagiotis

With lots of love dedicated, to my parents, to EL_lines in Natalia, Olga,Onder, and of course to my partners


При большом количестве посвященный, любви мои родители

Греки, В Наталья, Οльга, и Ондер, к моим коллегамПо цене

LIAPIS Panagiotis

Συγγραφέας ΛΙΑΠΗΣ ΠΑΝΑΓΙΩΤΗΣΤίτλος

Δ/νση Κ.Βάρναλη 12, 15121 Πεύκη, Αθήνα

Τηλ. 210-6149149

Κιν. 6937097443

Ε-mail [email protected]ΔΙΑΘΕΣΗ 210.8065618 6937097443

mailto:[email protected]




Author LIAPIS PanagiotisTitleAddr K. Varnali 12 15121 Pine AthensTel 210-6149149Mob. 6937097443E-mail [email protected]

SUPPLY 210.8065618 6937097443

A few words from the author My Friends in this textbook, take theknowledge that until now store it in

dusty Greek manuscripts of Plato,Aristotle and other ancient fotodotonin damp basements monasteries and

private libraries disekatomyriouchon. We revealed throughmasterfully blended events of economy, religion, Greek historyand mythology, the confirmations of Medicine and themultidimensional social structures, the Greek discovery of ether for which spoke Platonas and Aristotle, the mineralkrystalyka and electrical properties, their initiatory secretcaves, history, radiation and their effects on human health,MIND CONTROL is the technical control of the mind legendsand myths, travel guides, the history of Russia and Mongolia,Dynasty RURIC, the Greek supremacy, The Secret of theLiving Water, forecasts in recent days, the establishment of the4th Reich, well read, and its organization, methods of prevalence of the 4th Reich, Geostrategic, The Secrets of theParthenon, The stolen works of art, naturally leads businesssurvival in difficult times. There are missing from my literarywork of literature, prayer and research on photovoltaic

technology in whose threshold of energy is free. Alsopresented a series of investigations on a series of error eventsfor the signs, and possible manipulation of cosmogony,incidents involving the Nazis and the possible bases in space,President Obama, and the new doctrine Panthriskeiaslaunched in conjunction with the Worship infernal beings are anew mirror through which can be seen the current scene of theenormous progress in the areas of MIND CONTROL, the chipEMV of Bill Gates on bank credit cards, the emerging bankingsystem in relation to economic crashes of America The

SIONISMOS and the New World Order of the 4th Reich, andPEOPLE CLONES - Men in Black, and the CIA in connectionwith the anti-government slogans and reactive walls define a new reality, whichleads to control police forces in Use of Sound for centuries hidden weapons ancientGreeks developed from the Greek National Nuclear epistimoina C. Gkiolva. Thecreations of the Plan "Arrow" (sound rule) and the sound "Artemis", as are sources



on the web are presented in detail below in relation to biological warfare aircraftfrom the US-spray from chemical and microbial air over cities. Trying to minimizethe harmful effects that using genetics Industry, extensive fires, building new townsin the concentration camps of D Reich, apply geostrategic implementation plan newwar in the Balkans because of Kosovo, where the project "Blue Ray" at theupcoming mayhem by the end of 01/2010 will chrisimopoiithoun new weapons bassPolice with physical effects of radiation on the human organism KARKINOUS




CAUTION - SIGNIFICANT MARKINGS TO READER 1. This project is a bottomless MYTHISTORIMA Reality2. Clarifies Developed Fiction3. Any resemblance to actual persons, locations and events are imaginary,purely accidental, not existing in the present reality and past it.

4. Copyrights on works protected by the current constitution, laws and jurisprudence5. Prohibited the reproduction and distribution of all or part of the documentwithout the prior written permission of the author and an award identifyingfigures and in words of the author's remuneration, rights and remunerationof the Greek state, the duration of the contract and the parties.6. The document bears a registered trademark7. The project is only available for private use, prohibited the reading publicall or part of it.8. The work donate to the library of the Greek state request and compliedwith the legislation providing for the process.9. For Greek citizens: To book not sold through bookstores and other retailoutlets. KNOWLEDGE donors.10. The book takes seeker typing costs and expenses of this mission.11. The Writer LIAPIS Panagiotis receive no remuneration (money) makinga work available12. The book has no subversive of the system concept, but instead Net

conglomerate of all the Greeks of Planet Earth, 120,000,000 Greeks tocreate well-governed society as defined by the democratic, electedParliamentary Antiptosopous People (primary form of power)13. The GREECE Fri all the problems exist because of the scandalousEVNNOIA OF MARY. The Greeks GYIOS DEFKALIONOS OF, THELIGHT, AS NO ONE GREEK even no hope, no justice. Amen.

Copyright by Panagioti Liapi

THE BOOK IS NOT FOR SALE

I GIVE THE KNOWLEDGE FREE – NO COST

AT THE BEGINNING ON EARTH FROM TITHIS WAS ONLY TWOAUTHENTIC RACES, GREEKS and DRACONIANS.

GREEKS HAVE THE MARK OF SUNNY SOUL IN THE EYES DRACONIANS HAVE THE MARK OF KNIFE IN THE BACK BUT

ONLY THE MEMBERS OF THE CIRCLE KNOWS THAT.

(From Dialogues of Diomidis with Alexander the Great )



OPINIONCommittee on Civil Liberties, Justice and Home Affairs for the Committeeon Legal Affairs on the proposal for a European Parliament and Council on

a European order for payment(COM (2004) 0173 - C6-0006/2004 - 2004/0055 (COD))Draftsman: Mihael Brejc PE 357.775v02-00 2 / 8 AD \ 570852EL.docPA_Leg AD \ 570852EL.doc 3 / 8 PE 357.775v02-00

ATHENS 2010

SHORT JUSTIFICATIONThe Committee on Civil Liberties, Justice and Home Affairs was consulted

on the proposal for a Regulation creating a European order for payment. Atthe European Council in Tampere, the Council and the Commission wereto adopt measures to strengthen judicialcooperation between Member States, including in the payment of undisputed claims. In 2002 the Commission published a Green Paper on aprocess of European order for payment, under which it was establishedthat the introduction of a single, fast and efficient compared to the cost of the mechanism for payment of undisputed claims would not only improveaccess to the courts but also to improve the functioning of the internal

market, since, in practice, businesses, especially SMEs, encounter manydifficulties in the recovery of uncontested claims. The regulation ensuressimpler process payment order, whichmake it simpler and easier for creditors to recover financial claims. Theprocess will be based on the use by courts and parties of standard forms,which will allow the simplification of administrative procedures andelectronic data processing.Editor The author supports the proposed regulation, but draws attention to the

following points regarding the content:1. You should consider the application process at both cross-border casesand in cases of individual countries and to enable Member States to restrictthe application of regulation to cross-border cases.2. As part of the European order for payment, the applicant should providea brief description of at least one supporting document and attach thecopies of relevant documents.3. You should consider the possibility of a stage process for issuing orders.4. A European payment order issued in one Member State should beenforceable in another Member State without need for a decision in whichthis order will be enforceable in another Member State.AMENDMENTSThe Committee on Civil Liberties, Justice and Home Affairs calls on theCommittee on Legal Affairs, is responsible, to incorporate the following



amendments:PE 357.775v02-00 4 / 8 AD \ 570852EL.docELText proposed by the Parliament's amendments Epitropi1Amendment 1 Recital 8 (8) The European order Payment is not required either to replace or to harmonize

mechanisms for the recovery of uncontested claims validunder national law, but an additional option for the lender, who remains freeto use the procedure laid down by national law.(8) The European order for payment procedure will create a natural andlegal persons throughout the European Union a secure legal frameworkthat will provide simplifiedto facilitate cross-border business transactions. In this case, the Europeanorder for payment procedure should also serve as a model for nationallegal systems, particularly where there are still sucheffective procedures.Justification This clarifies that this draft regulation serves two mainpurposes. Firstly should create a reliable legal framework for cross border transactions. It can be assumed that even today both politically andSMEs avoid such transactions because they are unaware of the nationallegal systems and are concerned about their ability to enforce their claimseffectively when they arise related problems.Second, the regulation - outside the immediate scope of - will also serve as

a model for Member States of the European Union, particularly those notfitted with a payment order, if will provide the national legal systems with aprocess that would benefit both for citizens and businessesit would ensure a rapid and efficient mechanism for promoting uncontestedclaims.

Amendment 2 Recital 10(10) The process must be based to the greatest extent possible, usestandard forms of communication between the court and the parties

to make it easier and allow the use of automatic(10) The process must be based to the greatest extent possible, usestandard forms of communication between the court and the partiesto make it easier and Member States mustencourage the use of automatic 1 Not yet published in the EUAD \ 570852EL.doc 5 / 8 PE 357.775v02-00ELdata processing. data processing.Justification

In some member states of the EU to issue payment orders have alreadybeen set by computer, making it faster. Member States should encouragethe use of automatic data processing, whichcontributes to making this process more efficient.Amendment 3



Recital 10 a (new)(10a) The European order for payment ought to be adopted as soon aspossible • the court must complete the process within three months.JustificationThe main advantage of the process of European payment order is just thatwe should be more efficient and faster than a normal functional process.

Whether it is a process in one stage or two stages of the Member Statesshould seek payment orders be issued as soon as possible and theprocess is completed within three months. The experience of Member States shows that the processnormally completed in two to three months.Amendment 4Article 1, paragraph 11. This Regulation applies in civil and commercial matters whatever thenature of the court. It expands, particularly in tax, customs or administrativematters.1. This Regulation applies to cross-border civil and commercial matterswhatever the nature of the court. It expands, particularly in tax, customs or administrative matters.JustificationΤο πεδίο εφαρμογής του παρόντος κανονισμού πρέπει να περιορίζεται

σε διασυνοριακές διενέξεις. Με αυτόν τον τρόπο δημιουργείται

αξιοσημείωτη προστιθέμενη αξία για τους ευρωπαίους πολίτες και τις

μικρομεσαίες επιχειρήσεις στα κράτη μέλη. Δημιουργείται κατάλληλονομικό πλαίσιο για τις επιχειρηματικές τους δραστηριότητες στην

ευρωπαϊκή εσωτερική αγορά όταν επιβάλλουν μη αμφισβητούμενες αξιώσεις. Συγχρόνως, αποφεύγεται η

δημιουργία ανασφάλειας και αβεβαιότητας σε εθνικές διαδικασίες με

τη δημιουργία πρόσθετου παράλληλου εθνικού συστήματος για αμιγώς εσωτερικές διενέξεις. Αποφεύγονται επίσης επακόλουθες αδεξιότητες

και περιττά έξοδα. Ωστόσο, όπου δεν υπάρχουν αποτελεσματικές PE 357.775v02-00 6/8 AD\570852EL.doc

EL

The scope of this Regulation should be limited to border disputes. Therebycreating significant added value for European citizens and SMEs in theMember States. A suitable legal framework for business activities in the

European market when imposing uncontested. At the same time, avoidcreate insecurity and uncertainty in national processes to create additionalparallel national system for purely internal conflicts. Also avoidssubsequent awkwardness and unnecessary costs. However, where thereare no effective



PE 357.775v02-00 6 / 8 AD \ 570852EL.docELnational procedures in this regulation may serve as a model for nationalprocedures. In this way, the legal basis of Article 61 (c) in conjunction withArticle 65 of EU Treaty widely used and safeguarded.Amendment 5

Article 3, paragraph 2 (e)(E) a brief description of at least one means of evidence that can bepresented in ordinary civil proceedings to support the claim.DeletedJustificationFor the sake of efficiency requires the use of automatic data processing,which means that it is sufficient for the creditor, especially in the case of uncontested claims, simply indicate the type of evidenceavailable. In this case, the court will consider the application if it meets allrequirements under the regulation, the court will not consider the sameevidence. The debtor can always disagree with the process.Amendment 6Article 10, paragraph 2 a (new) 2nd. The European order for paymentrecognized and enforced in another Member State without need for either enforcement or the possibility of opposing its recognition.JustificationThe proposed amendment ensures that any European payment order

issued in one Member State should be enforceable in another Member State without the need for a decision which will be enforceable in another Member State.Amendment 7Article 18 a (new)Article 18aReviewFive years after the entry into force of this Regulation, the Commissionsubmit a report to the AD \ 570852EL.doc 7 / 8 PE 357.775v02-00

ELParliament and the Council.JustificationAfter five years practical experience will show whether the regulationshould also apply to internal affairs. In this case, the Commission willprepare amendment so that the regulation would apply to national affairs asit applies for cross border cases.PE 357.775v02-00 8 / 8 AD \ 570852EL.docEL

PROCEDURETitle Regulation of the European Parliament andCouncil for a European order PaymentReferences COM (2004) 0173 - C6-0006/2004 - 2004/0055 (COD)



Commission responsible JURIAdvisory committeeDate. announced in plenaryLIBE16/9/2004Enhanced cooperation

Drafts (wo) manDate appointedMihael Brejc21/2/2005Discussed in committee 26/5/2005 13/6/2005Date amendments 13/6/2005Result of final vote for:by:Abstentions:2740Members present for the finalvotingRoberta Angelilli, Edit Bauer, Johannes Blokland, Mihael Brejc,Maria Carlshamre, Michael Cashman, Giusto Catania, Jean-MarieCavada, Charlotte Cederschiold, Carlos Coelho, Kinga Gal, Elly deGroen-Kouwenhoven, Adeline Hazan, Ewa Klamt, Magda Kosane

Kovacs, Wolfgang Kreissl-Dorfler, Barbara Kudrycka, StavrosLambrinidis, Edith Mastenbroek, Inger Segelstrom, Manfred Weber,Stefano Zappala, Tatjana ŽdanokaSubstitutes present for the finalvotingPanayiotis Demetriou, Gerard Deprez, Jeanine Hennis-Plasschaert,Antonio Masip Hidalgo, Bill Newton Dunn, Siiri Oviir, Herbert Reul,Marie-Line Reynaud, Kyriacos TriantafyllidesDeputies (Article 178 (2) present

end psifoforia__

Claims out of courtThe extra-judicial claims in Germany usually done by a simple letter.Known in Greece to act as "extrajudicial", ie the performance of a letter bya bailiff, seeking payment of an amount in Germany is not necessary or customary. Usually sent a letter requesting payment of an amount within aspecified time by fax or registered by mail. The involvement of a lawyer or abailiff is unnecessary for any future proof of the fact that the debtor received

the letter, which requested the payment. For this purpose it is sufficient toGermany usually print faxes on the mission or the certificate of mail serviceon the letter to the debtor.

FOR & AGAINST (*= not participate if lawyer)



+ Low cost+ Self-handling (*)

- Uncertainty about whether and what contract terms apply (*)- Uncertainty about the applicable law (*)- Uncertainty as to whether the debtor was in default sound (*)

- Risk of incomplete claim for interest and expenses (*)- Not interrupting any current limitationThe extra-judicial notice to the debtor to Germany when doneindependently by the same lender should be used with caution and only for borrowers with relevant experience. In case of doubt the advice is advicewhich will clarify the legal questions.Claiming through the judicial processFor the claim through a judicial process offered by the procedures of (court)order payment or to claim before the District Court.Payment order in GermanyIn connection with the exercise of ordinary treatment process a paymentorder is a quick judicial process, which may result with little expense to beenforceable. A key feature of the order procedure is that the parties areunable to process disagree about the legality of a claim. This process willeither be inactive, the debtor and thus will recognize a claim (to be issuedenforcement), or will the opposition and the process will be sent this way -at the request of the lender - to the Court to continue with regular treatment.

FOR & AGAINST+ Able to stop the current limitation to the application+ Fast issuing title on his claim plus interest and expenses (legal fees andcosts).+ Significantly lower costs compared to ordinary court

- More time, if the debtor has lodged an oppositionThe process of payment order in Germany further

The payment order is requested by the Court in special pre-printeddocument. Contrary to what happens in Greece, with performances inGermany the Court automatically arrange for the delivery of a paymentorder. The Court requires both the applicant (creditor) the payment of costs.On receipt of the payment order to the respondent was required to pay theclaim, forwarded to him the cause and amount of the claim and any alreadydue or future interest, if required and are calculated by the application.While the debtor is required by the Court to declare within two weeks after service of a payment order, whether and to what extent action arising

disputes claim.The further procedure depends on how you react to the debtor after theservice clause.If the debtor paid the lender to demand together with interest and costs,closing process.



Where a debtor is notified to the Court within two weeks of service tocontest the action arising claim, the claimant receives notice from theCourt. The order for payment procedure so close is now the lender (plaintiff) whether to continue the process of exercising ordinaryproceedings before the District Court.If the lender apply for a referral (which depends on the costs and chances

of success of the regular education) should be made for further costs, sothat the Court order for payment to forward the process responsible for theregular treatment Court.If the debtor has not paid or the opposition, the applicant may apply for and apply for an order of execution. This is possible for the first 14 daysafter service of the order of payment. In this case, the Court issued the writof execution and will serve on the debtor.The writ of execution is enforceable, even before the force of res judicata.The debtor may stop execution and order within two weeks of service.Even a late appeal against the order of payment (after two weeks of serviceof the order and before service of the order of execution) is treated by theCourt to appeal against the order of execution.If no opposition, the Executive Order has already become finalperformance. Appeal against Order of the final fit now only in the rare caseof fraud or willfully and contrary to morality damage.If an objection to the order execution process sent automatically - withoutthe request of the lender - in charge of regular treatment Court. Under the

writ of execution may, despite the opposition of the debtor to speedenforcement, unless the Court declares the execution order unenforceable.

The cost of the order procedure advanced by the lender and paid by thedebtor in case of success.The costs of the writ of execution occur only if the debtor fails to pay theclaim after the service of an order for payment and submitted an applicationfor a writ of execution.The costs are determined according to the amount required by law for

costs and attorneys' fees Act. In individual cases may incur additional coststo find the address of the debtor or other similar costs.Examples of calculation of costs for the expected costs of a payment order in case of mandating a lawyer (for the accuracy and timeliness of information will not be liable, in individual cases may be added costs for information or other such expenses)Payment order Order executionClaim 600 -1.Dikastika costs 23.00 -

2.Dikigoriki fee 45.00 22.503.Exoda flat 9.00 4.50VAT 1. and 2. 10.26 5.13Totals 87.26 32.13



Requirement 1200 -1.Dikastika costs 27.502.Dikigoriki fee 85.00 42.503.Exoda flat 17.00 3.00VAT 1. and 2. 19.38 8.65Totals 148.88 54.15

Requirement 2500 -1.Dikastika costs 40.502.Dikigoriki pay 161.00 80.503.Exoda 20.00 flatVAT 1. and 2. 34.39 15.30Totals 255.89 95.80

Requirement 5000 -1.Dikastika costs 60.502.Dikigoriki pay 301.00 150.503.Exoda 20.00 flatVAT 1. and 2. 60.99 28.60Totals 442.49 179.10

Requirement 10.000, -1.Dikastika costs 98.00

2.Dikigoriki pay 486.00 243.003.Exoda 20.00 flatVAT 1. and 2. 96.14 46.17Totals 700.14 289.17

Requirement 50.000, -1.Dikastika costs 228.002.Dikigoriki pay 1046.00 523.003.Exoda 20.00 flat

VAT 1. and 2. 202.54 99.37Totals 1496.54 622.37

Requirement 110.000, -1.Dikastika costs 428.002.Dikigoriki pay 1354.00 677.003.Exoda 20.00 flatVAT 1. and 2. 261.06 128.63Totals 2063.06 805.63

Claiming a regular treatmentEnforcement and recognition of German titles in GreeceExecution of German decisions in GreeceThe enforcement of German judgments in Greece is virtually impossible.For example, if reached a decision within one German Greek debtor, he



can under the conditions of Article 38 of Regulation (EC) EuGVVO (on jurisdiction, recognition and enforcement of judgments in civil andcommercial matters) to execute the decision Greece. In this case it isnecessary to submit an application to the court, which must be made by abeneficiary concerned (ie the claimant). Jurisdiction of the court that, whichis the domicile of the defendant's execution, or that the court is the place

where will be the implementation of the decision. The beneficiaryconcerned shall be enclosed with the application of a census of thedecision, which will be recognized.If these conditions are fulfilled, then the decision will be declared in Greeceas a performer will be notified immediately to the debtor. Further conditionsare not necessary and indispensable, provided of course that thedefendant's execution will not bring an action or remedy against thedeclaration of enforceability of the decision within a month. If so or if it isclosed for one month, then there is no obstacle to the implementation of theGerman decision to Greece.Special order for payment procedure: special payment order procedure inGermany, running in a person's place of residence in Greece - is thatpossible?Basically it is a special order for payment is one of the fastest andeconomical way for anyone to perform an action against a debtor, becausein this case must be requested in court only if an appeal or objection bydebtor takes place one (definitely more expensive) oral hearing / hearing

before the court.Under German law, the special payment order procedure set in paragraphs§ 688 to § 703 d of the German Code of Civil Procedure (ZPO). Under paragraph § 688 paragraph 3 of the German Code of Civil Procedure(ZPO), the special payment order procedure takes place even if thepayment order should be served / to be sent abroad and whether thisprovides the Recognition Act and the Law Execution. At the moment thisapplies to all Member / Members of the European Union, therefore appliesto Greece.

The application for an order for payment should in this case be submitted tothe County Court of Schönberg (Amtsgericht Schönberg) in Berlin.European Enforcement Order in accordance with Regulation (EC) EuVTVO(Regulation of the European Parliament and the Council establishing aEuropean Enforcement Order for uncontested claims) in definite procedureAnother possibility of implementing decisions in a German debtor in Greeceoffers the Regulation (EC) EuVTVO (Regulation of the EuropeanParliament and the Council establishing a European Enforcement Order for uncontested claims), which makes possible a European enforcement.

Objective of this regulation is to facilitate intra-EU states (Denmarkexcluded), the implementation process of national titles. This does notapply to all titles that have been achieved in a State before a national court,but only for those titles, which arose because of an uncontested claim."Uncontested" means in this case that:



• The claim is recognized in the judicial process from the person or consensus as to the claims in the course of compromise settlement.• The debtor has not appeared in court on the claim, after refuting the claim(known as the "default decision") or • The debtor has expressly accepted the claim in a public document.Another requirement for a European Enforcement is requesting the

beneficiary (lender) to the court in which he has secured a national title.This process benefits the recipient, since one such title, as certified by thenational (in our case in German) court as a European Enforcement Order,no longer needs a declaration of enforceability (see point 1.) and the debtor remains now only very limited scope of Article 10 I of the Rules EuVTVO(Regulation of the European Parliament and the Council establishing aEuropean Enforcement Order for uncontested claims), to oppose theEuropean enforcement.The European Enforcement Order will then run in the same terms andconditions, such as the decision issued in a member state of enforcement.The Regulation (EC) EuVTVO (Regulation of the European Parliament andCouncil on a European Enforcement Order for uncontested claims) enteredinto force on 21.10.2005.

http://ec.europa.eu/civiljustice/simplif_accelerat_procedures/simplif_acceler at_procedures_gre_el_order.htm

TABLE OF CONTENTSOrder for payment

1. Existence of a payment order

1.1. Scope of procedure

a) What requirements are acceptable (only monetary claims onlycontractual requirements, etc.)?

b) There is a ceiling on the value of the claim?

c) The use of this process is voluntary or mandatory?

d) The process occurs when the defendant is domiciled in another Member State or third country?

1.2. Competent Court



1.3. Formal requirements

a) The use of standardized application is mandatory? (if so who can buyanyone?)

b) To be represented by a lawyer?

c) How much detail should be documented requirement?

d) must present documentary evidence to substantiate the claim and if sowhat documents are acceptable as evidence?

1.4. Reject request

1.5. Appeal

1.6. Statement of objection

1.7. Result of opposition

1.8. Consequences of not exercising opposition

a) On what actions become enforceable order?

b) The decision is final or is there still a possibility for the defendant toappeal against the order?

Small Claims

1. Existence of Small Claims Procedure

1.1. Scope of procedure, financial limit

1.2. Request to join the process

1.3. Printed matter

1.4. Subscription

1.5. Rules relating to the inquiry

1.6. Written and oral proceedings

1.7. Content Decision

1.8. Reimbursement



1.9. The judicial

Simplified and accelerated procedures - Greece

Order for payment1. Existence of a payment order There is a simplified process that aims only to regulate claims are unlikelyto be challenged by the defendant (called an order for payment)?Yes, under the special procedure under Articles 624 through 634 of theCode. Pol. Right.1.1. Scope of procedureWho is the subject of the request?a) What requirements are acceptable (only monetary claims onlycontractual requirements, etc.)?The demands on financial claims or demands for bonds.b) There is a ceiling on the value of the claim?No, no.c) The use of this process is voluntary or mandatory?The process is voluntary.d) The process occurs when the defendant is domiciled in another Member State or third country?

According to Article 624 Ref. Pol. Right. payment order is issued to personsresiding abroad.1.2. Competent CourtIn which court or authority to make an order for payment? The CountyCourt or Court One-The process is subject to the principle of jurisdiction or other authorities?The procedure is covered by general provisions of the Code. Pol. Right.where the jurisdiction of the court is domiciled.1.3. Formal requirements

What are the formal requirements of the application for an order?a) The use of standardized application is mandatory? (if so who can buyanyone?)The application is mandatory, however there is no standard application.b) To be represented by a lawyer?Yesc) How much detail should be documented requirement?We need a detailed description of the request.d) must present documentary evidence to substantiate the claim and if so

what documents are acceptable as evidence?Yes, to be produced documents to show the asset and the amount.1.4. Reject requestUnder what conditions is rejected application for an order?The court rejected:



A) if not satisfied the legal requirements for a payment order B) if the applicant does not give the requested explanation or refuses tocomply with instructions to complete or correct the application or for confirmation of the signing of private documents.1.5. AppealThe applicant may appeal the refusal to issue an order?

The applicant can appeal against refusal. But it may submit a newapplication.1.6. Statement of objectionIf given an order for payment how long can oppose the requirement that thedefendant? If yes, what are the formal prerequisites for opposition?The debtor against whom the order for payment has the right within 15days of service to appeal.1.7. Result of oppositionWhat happens if the defendant exercised early opposition?The exercise of the opposition does not suspend the execution of paymentorder.The case was automatically subject to appeal or after filing the request?The court submitted the order for payment may, if a request in terms of thedebtor to grant a stay of execution.1.8. Consequences of not exercising oppositionWhat happens if the defendant does not object to the time requirement?If the debtor has not exercised in time of opposition to whom he issued the

order for payment has the right to file the opposition within 10 working daysof the new service. In this case, refused to suspend execution.a) On what actions become enforceable order?The payment order to be enforceable must be served.b) The decision is final or is there still a possibility for the defendant toappeal against the order?If you slip and the second period (10 working days) the payment order becomes final and can be challenged only by reopening.Small Claims

1. Existence of Small Claims ProcedureThere is a small claims procedure (eg a special simplified procedurecompared to the standard, which applies in cases bounded by monetaryrestrictions or specific types of appeals regardless of monetaryconstraints)?There is the code. Pol. Right. (Cap. 466) which contains special provisionsfor small claims.1.1. Scope of procedure, financial limitIs no monetary limit for small claims and / or process for specific types of

appeals regardless of monetary constraints?If the value of the objects of the dispute is not more than 1,500 euros acase falls under the jurisdiction of the magistrate.1.2. Request to join in the process of This process is mandatory or optional?



Is mandatory.Can the court or the parties to proceedings to use regular instead of thespecial procedure for small claims and if so, under what conditions?Not1.3. Printed matter Are there specific forms used to process small claims? Is mandatory to use

them?No, no.1.4. SubscriptionAssisted in procedures (eg judicial officer or judge) for claimants notrepresented by counsel and if so to what extent?The party may be represented without a lawyer. It can be represented bythe spouse, the ascendants and descendants, the second-degree relativesby blood or marriage and the career staff.1.5. Rules relating to the inquiryThere are specific rules regarding evidence, and is simplified compared tothe normal procedure, if so, who and to what extent?The prosecuting magistrate these differences may deviate from theprocedural provisions, take account of evidence to meet the requirementsof the law and followed whenever the discretion of the method that safer,faster and with fewer costs may led to the discovery of truth.1.6. Written and oral proceedingsThere is a purely written procedure (instead of listening) If so, under what

circumstances?The process may be either oral or written.1.7. Content DecisionThere are simplified principles governing the content of the decision inrelation to the normal procedure and if so, to what extent?Decisions published orally in open court usually immediately after thedebate and during a hearing before the magistrate dealt with theconsideration of another case. Decisions are not served if it is evidenced bythe minutes that were published while he was present for the parties or

their legal representatives conducting the trial or court attorneys.1.8. ReimbursementThere are restrictions on the reimbursement, if so, what are they?There is no reimbursement.1.9. The judicialCan a small claim to appeal and if so, how?Decisions issued for small claims is not appealed.Organisation of justice - GreeceOrganizational Chart (47 KB pdf)

There are two degrees of jurisdiction:FIRST DEGREE OF JURISDICTION:Competent courts havea) local courts andb) First Instance Court and the regional court.



County CourtHave power:a) all disputes valued in money and the value of not more than 5900 Eurob) for all the differences, main and ancillary from the lease if the agreedrent every month does not exceed 290 euros.Regardless of the value of the objects of the dispute under these

differences:1. the share farming, which hire rural estate where the lease agreed toshare the fruits at the local custom unless defined otherwise, regarding thedelivery and use of the property or performance for any reason,2. from damage to trees, vines, fruit crops, root crops and generally madein illegal grazing animals or otherwise;3. and restrictions on the ownership, soot emissions, fumes, smoke, heat,noise and other similar effects, coming from another property if substantially impair the use of property4. the construction and maintenance of facilities in a nearby building, wherethose resulting from there certainly illegal effects,5. the risk of falling or other construction project threatened harm toneighboring property6. by excavating to the foundations of a neighbor, in so far as to deprive theproperty therefore the required basis,7. the penetration or extent (branch) roots or branches of trees borderingthe property, if prevented from using the injured property

8. from falling off a nearby building,9. relating to the determination of distances required by the laws andregulations or native usage for the planting of trees or plantations or theconstruction of fences or to open ditches,10. relating to obstruction of free use of roads and trails and the damagecaused by this obstruction,11. concerning the use of running water or prevent its use,12. resulting from the activity of hoteliers - their customers, as well as thosewho have stables, warehouses, depots, airports in animals, wagons, cars,

airships and similar things that bring customers to them13. concerning claims of the persons mentioned or universal successors,against their clients or their universal successors;14. of contract of carriage of persons, by whatever means, to therequirements laid on it by the carriers or their agents or successorsCatholics,15. concerning the requirements of associations and cooperatives to their members or universal successors, for the contribution they have, andlitigation relating to claims are against unions and cooperative members or

their successor financial or other provision16. concerning requirements for lawyers or universal successors of thefees and expenses, provided that their services in legal proceedings incounty court or magistrate's court,17. concerning the rights or compensation or expenses of any witness



examined in any court or arbitrators, as well as those relating to rights or claims or costs of interpreters, the holder of escrow and prisons in any wayand if appointed, and their universal successors of all these18. arising from the sale of livestock due to real deficiencies or lack of agreed claims.First Instance Court

These are all those differences can be converted into money and the valueof the object is more than 5900 euros, but not more than 44.000 Euro.Regardless of the value of the dispute, the jurisdiction of the First InstanceCourt include:1. differences between traders and craftsmen, either among themselves or with their customers by providing labor or articles are manufactured,2. differences by a collective agreement or provisions shall be treated asthe collective contract, or between those who commit them, or betweenthem and third,3. differences between social security and insured them or their successorsor those who have the legal rights of relationship security4. Disputes concerning the remuneration, allowances and expenses of counsel, except those involving compensation for services in lawsuits frompolice court or justice of the peace, notaries, solicitors who have beenlegitimately appointed, unpaid judicial officers, doctors, dentists, qualifiedmidwives, veterinarians, and chemical engineering graduates, senior andsenior schools, brokers who have been legitimately appointed or universal

successors of all these, as they characterize the relationship from whichthey arise and whether or not agreeing to pay or how the payment,5. disputes involving claims referees executor to property in floors or managers appointed by a judicial authority, liquidation of legal persons or inheritance or universal successors for all these fees and expenses,regardless of whether or not there is agreement determining the fee or themanner of payment,6. differences in the rates or payment of premium7. differences concerning the definition, reducing or increasing the

contribution of each spouse for the family needs of food is due to marriage,divorce or relationship, the costs of confinement and single mother's dietand nutrition from the mother hereditary portion was placed in a child whois pregnant,8. Disputes concerning the remuneration, allowances and expenses of experts, expert referees and assessors in any way and if appointed, or universal successors;9. disputes involving claims for damages of any kind for damage from a car,among the beneficiaries or their successors and those who have an

obligation to compensate or their successors and the requirements of motor insurance contract, between insurers and insured persons or their successors their 10. differences from breach of distribution or possession of movable or immovable



11. Disputes concerning nutrition and child care as well as those regulatingthe family home and the allocation of securities between the spouses in theevent of separation,12. differences between owners of apartments from floors or orofoktisiasthe relationship and differences between property managers in floors andfloors and privately owned apartments,

13. Disputes concerning the annulment of decisions of the generalassembly of associations or cooperatives14. differences from rental property or other profitable purpose or sharefarming not under the jurisdiction of local courts,15. differences by providing employment or from any other cause on theoccasion of this work among the workers or their successors, or those inwhich the law entitles the provision of first labor and employers, or their successors and16. differences by providing employment or from any other cause, on theoccasion of this work, among those working together for the sameemployer.Regional courtIt falls within the competence:1. all the differences which are relevant to local courts or the First InstanceCourt,2. appeals against decisions of the district court of their region.SECOND DEGREE OF JURISDICTION

Appeals CourtsThe jurisdiction of the Court of Appeals, subject, appeals against decisionsof the Multi-Member First Instance Court and of their region.AREIOS PAGOS1. The jurisdiction of the Supreme Court, under the appeals alone, but for the errors of judgments, any civil court,2. unless defined otherwise: a) the application for reference in case of exemption of judges multi civil court, if there is no longer the court issuedthe decision challenged on appeal.

Opposition fails to appear or reopening (appeals) court judge who issuedthe contested decision.TABLE OF CONTENTS1. What are the costs and who are generally required to pay them?

2. What is legal aid?

3. Who is eligible for legal aid?

4. Legal aid is available for all disputes?1. What are the costs and who are generally required to pay them?Costs are mainly legal costs for the energy of a judicial act, and stampduties, contributions to various funds, the prepayment of fees and thedefault fee. As a rule, liable for payment is the one causing the judicial act



No special form is available for application for legal aid. Legal aid isgranted: a) the County Court, b) a single magistrate or c) the chairman of the court before which proceedings are pending or will be admitted at alland whether the acts that are unrelated to trial, the magistrate's residenceapplicant.And for legal aid is not given form. Acting on the application. The

application shall indicate briefly the subject of proceedings or instrumentand the data confirm that the conditions for providing assistance.7. What documents should I attach to my application for legal aid?Legal aid is granted if, following the payment of court costs, the applicantis likely to be unable to support himself or his family. As evidence for theexistence of those conditions, the applicant must submit:a. A certificate of the mayor or the chairman of the community of residenceon the economic, family and professional situation, stating that he is unableto pay the costs without endangering him and his family. If a legal person,non-profit, demonstrating how is impossible or problematic to fulfill thegoals of personal and company, that neither the fund nor its members maybe paid expenses without reducing the resources necessary for foodthemselves and their familiesb. A certificate from the tax authority stating that in the last three years theapplicant has filed an income tax return and any other direct tax, which wasverified by the tax authority,c. if a foreigner, a certificate from the Ministry of Justice to ensure that there

is the condition of reciprocity.An application for legal aid accompanied by any supporting evidence of theeconomic situation (including a copy of tax declaration or certification thatthe Inspector is not required to submit a statement, a copy of thedeclaration of financial situation, tax return, VAT number, confirmation of social welfare services, sworn statements) and proof of residence or stay, if they are nationals of third countries.Top8. Where should I lodge an application for legal aid?

The application for legal aid was deposited in these courts in accordancewith such discrimination.An application for legal aid and the documents are submitted at least fifteendays before trial or practice for seeking legal assistance to the magistrate,the court of First Instance Court or the President of the court which ispending or will be admitted at all and if they are acts that are unrelated totrial, the magistrate's residence of the applicant. The proceedings are freeand are not mandatory representation by a lawyer.9. How to find out if you qualify for legal aid?

The chairmen of the local agency competent courts.10. If I qualify for legal aid, what should I do?Claim being lodged in the manner described above.11. If I qualify for legal aid, who will choose my lawyer?The lawyer chosen by the court gave, at the request of the recipient. The



beneficiary is obliged to accept the counsel appointed him. Theappointment is valid until the final termination of proceedings or procedural step in the same instance and the appeal. The appointment of alawyer is to provide legal advocacy by the beneficiary to the extent requiredby Article 97 Code of Civil Procedure, unless the decision by the recipient'srequest, extend or limit.

12. If I qualify for legal aid will cover all costs of my expenses?Providing legal assistance in civil and commercial is the exemption frompayment of part or all of the costs of the proceedings, especially if requested to appoint lawyers, notaries and bailiff, with a mandate to defendthe beneficiary to the represent them in court and give him the help heneeds to make the necessary transactions. The exemption include stampduty, the court fee stamps, the end inventories and increases their rights of witnesses, experts, rights or remuneration of the person appointed lawyer,notary and bailiff, and the obligation to guarantee the afta.I costs of legalaid does not affect the payment of costs awarded to the opposing party.13. If I qualify for partial legal aid, who will pay the other costs?The applicant.14. If I qualify for legal aid will cover any remedy that may be brought after the trial?Legal assistance is provided separately for each trial, applies to anyinstance of any court, and involves the enforcement of the decision.Provided, however, to provide legal assistance in case of exercise and

support of legal instruments and devices are what is admissible and notmanifestly unfounded or expensive. Account the importance of the case for the applicant.15. If I qualify for legal aid may be withdrawn before the end of the trial (or even after the trial)?Legal aid may be suspended or reduced by the court, upon proposal of theProsecutor or on its own if no longer met the conditions of issue or if notvalid or have changed the conditions of supply.Furthermore, if any on legal aid party is defeated, it is still liable for payment

of part or all of the costs of the successful party, they have justdemonstrated improved conditions imposed by the administration.16. If I do not qualify for legal aid may appeal against this decision?By the decision of the magistrate, judge of the First Instance Court and thePresident of the Court may be appealed by the applicant before theregional court within five (5) days after its adoption. The appeal was heardin the proceedings for interim relief.Additional InformationIf the person requesting legal assistance in civil and commercial matters is

domiciled or habitually resident in another Member State of the Union thefollowing special arrangements:1. Recipient of legal aid is one who satisfies the requirements of the law,but has family income of more than two thirds of the minimum individualannual salary under the National General Collective Labour Agreement, if



he proves that he can not meet the costs due to the difference in cost of living between the Member State of residence or habitual residence andGreece.2. The exemption may include:aa) to pay an interpreter,b) the costs of translating official documents needed to resolve the dispute

andc) costs incurred by the applicant to move a person connected with thesupport of the request of the applicant, if it is a physical presence in courtand the court decides that the person can not otherwise participate in theprocess.3. Legal aid may consist in the appointment of counsel and to provide legaladvice to settle the dispute before introducing this court. Appointment of counsel for legal advice and can give rise to a person domiciled or habitually resident in Greece, but calls for the provision of legal aid inproceedings or procedural step in another Member State of the Union, tothe receipt of the request for the provision of legal assistance by thecompetent authority of a foreign sovereign State.Competent authority for receiving requests for persons who are resident or ordinarily resident in Greece for the provision of legal assistance fromanother member of the European Union, and falling ouv the scope of Council Directive 2003/8/EC is Ministry of Justice. The competent authorityshall provide assistance to the applicant that the application be

accompanied by documents which he knows are needed to determine theapplication and provide without cost to the applicant, if requested, anynecessary translation of the application and supporting documents. Theapplication is forwarded to the authority of a foreign state within fifteen daysof receipt, duly completed, and translated the documentaryTABLE OF CONTENTSA. We must go to the regular civilian courts or to a special court?

B. Where are the responsibility of the regular civil courts that I can find how

to contact?

I. There is a distinction between lower and higher ordinary courts of firstinstance if so, what the Court is responsible for my case?

II. Territorial jurisdiction [is responsible for my case the Court of the CityCourt A or B in the city?]

1. The basic rule

2. Exceptions to fundamental rule

a) When do I choose between the court of the domicile of the defendant[had the basic rule] and another court?



The jurisdiction of the First Instance Court are always subject regardless of their value, the differences in the diet because of marriage, divorce or relationship, the exercise of parental responsibility, parental disagreementduring the joint exercise by them of their parental responsibility and

`````q 1Apply depending on circumstances and in all the affairs of the Office of Special Inspections (formerly Financial Crime), regardless of

the industry they belong to. In this case, the case to the trial court that thecontested decision exedoke examined as a witness ....., servant of Financial Crime, who held the office of auditor during the preliminaryinvestigation carried out and signed the audit report, despite the oppositionraised by the attorneys of the accused already appellant, through which herepresented in these proceedings, citing Article 211 CCP, which(opposition) and rejected in view of the provision of Article 174 of Law2960/2001. The provision at the time of examination of witnesses beforethis Court (18-4-2008) enjoyed a similar application for the present(taxation) case, in accordance with that Article 30 of Law Fri the 23rd 3296 /14.12.2004. Therefore, there has been invalid from the examination of thewitness, and the fourth (estimated), from $ 1 Article 510 A of the CPPreason for appeal, which supports the contrary is unfounded and should berejected.In the second, fifth, sixth, seventh, eighth and ninth grounds of appeal areattributed to the contested decision is a breach of Article 510 Paragraph 1A, B, E, F and 2 of the CPP and in particular allegations that 1)

inadmissible the appellant was referred to trial by direct call thus unable todefend himself and to suggest witnesses, 2) establishing that the summonswas served is invalid 3) absolute void caused by the appearance in courtas a civil party official of Financial Crime ..... for the State 4) One-, but theflood Trimeles / Instance Rhodes without legal conditions were satisfied,withdrew earlier decisions, which had ordered the postponement of thehearing of the case until the final crisis of Administrative Courts 5 issue taxgap) the court as to the guilt question, he undertook on the content of thefindings of the 54th ECF Rhodes in which the case was referred by the

Inspector Rhodes 6) the criminal prosecution against him is inadmissible inthat it preceded by another criminal prosecution against his son for thesame act, which was declared inadmissible by the 4456/2004 CriminalCourt Case Single-Rhodes and 7), although the Financial Crime Director ....... the petition requested referral to one of the instruments of acceptance of false and fictitious invoices, the Prosecutor with the prosecution describedthe practice as a repeated Completed. These complaints, except thesecond and third, does not prove any of the above reasons and because it1) the direct call of the accused at the trial does not cause a void to be

created that plea 2) the court withdraw the that appraisal, his incidental topostpone decisions and considers sovereign if any delay in the provision of Article 61 of CCP 3) the court which is trying the case is not bound by theterms administrations 4 results), the prosecution brought against another person for the same act, and declared inadmissible shall not preclude the



exercise against another person and 5) the correct classification of non-action by the prosecutor, it creates a void. Finally, in Art '. 2 and 3 of thesecomplaints are unfounded, because based on incorrect assumption,because 1) it is clear from the decision and embedded therein minutesbefore the court issued no civil action brought no one appeared, andespecially the Greek State as a civil plaintiff and 2) does not describe the

specific shortcomings of the bailiwick of the decree which caused thealleged invalid and even this was not proposed by the attorneys lawyers of the accused, through which he represented before the court of firstinstance, before the start of evidence As is clear from the decision of 7241/2007 and therefore as a relative, was recorded. Finally, it isunfounded and in Article 510 Paragraph 1 H 'of the CPP, an additionalground of appeal, in which the Court has gone beyond the negative power,the failure to terminate the prosecution limitation period because the timethe act was committed by the accused (4.7.2000 to 26.8.2002) until thehearing of the Appellate Court (18/4/2008), which is a critical time, therewas not longer than eight years . After that and since there is for, research,other grounds of appeal must be dismissed as a whole, the appeal andadditional reasons for it and order the Ion set aside to pay expenses(Article 583 Fri the 1st CCP).FOR THESE REASONSReject the request from 24/7/2008 ..... and additional reasons for theappeal numbered 1152/2008 Three-Member Criminal Court decision in

RhodesOrders the appellant to pay costs, which provides up to two hundred twenty(220) million.It was considered and decided in Athens on February 10, 2009. AndPublished in the Athens, at hearing his audience on March 17, 2009.

The Vice President The SecretaryEMV and Transit Chip Payment Gaining Momentum in USSmart Card Alliance 2010 Payments Summit Highlights

PRINCETON JUNCTION, NJ, MARCH 1, 2010-Contactless payment isnow the de facto standard for US transit fare collection systems, and willlikely become a principal market driver for the expansion of bank-issuedcontactless cards. But that is just one of many factors building interest inthe United States around chip cards for payments, according to expertspresenting at the Smart Card 3rd Annual Payments Summit. The event washeld February 23rd-25th, 2010 in Salt Lake City, Utah.Contactless in TransitContactless fare systems installed by U.S. transit operators will help pave

the way for broader contactless acceptance here and elsewhere in theworld.• Charlie Craven, vice president, American Express: "Transit can be a greathelp to drive acceptance of contactless around the world. Daily use of thecards in transit will help consumers understand the benefits of contactless.



"He also cited an American Express study that showed there are 118contactless or mobile pilots worldwide.• Des Docherty, vice president, Visa, pointed out that in New York City all13,000 taxicabs accept contactless and over the next few years all of theMTA buses and transit systems will too, concluding: "If I'ma merchantwithin that footprint, doesn't it make sense for me now to start

implementing? "• Oliver Manahan, vice president, MasterCard: "We have 12 US airportsdeploying contactless PayPass acceptance. "MasterCard has issued 70million PayPass cards worldwide, most of them in the USRepresentatives from transit agencies in Toronto, Philadelphia, LosAngeles, Utah, San Francisco Bay Area, and New York City reported ontheir current contactless fare collection systems and plans. Steve Frazzini,chief officer of AFC program management, New York City Transit, reportedthat an expanded open payments pilot that will include New York CityTransit, PATH and New Jersey transit is targeted to start mid-year and willinclude a service area that includes 1.4 million riders.Mobile PaymentsMobile payments are very exciting to everyone, including retailers, and isregarded as another important driver that will continue expanding thecontactless market. Retailers are motivated by the other mobileapplications that complement mobile payment such as coupons, loyaltyprograms and location-based services that drive people into their locations.

• Mohammad Khan, ViVOTech: "The Holy Grail will be when tens of millions of NFC mobile phones show up in the US The whole industry willmove then. That won't happen over the next 12 months, but it willabsolutely happen over the next 36 months. "• Jennifer Garcia, Discover Financial Services, reported on the successfultest of Discover Zip contactless stickers and said there's no reason to waitfor NFC phones: "Our pilot confirmed stickers are a simple and easy bridgesolution to the NFC logjam."

• Dave Wentker, head of proximity payments, Visa: "The future of NFC isbright."International Traveler EMV CardSeveral industry experts predicted that the next US chip-based bank cardwould be an EMV card for international travelers who increasingly findsituations where they cannot use their magnetic stripe card when abroad,particularly in Europe.Merchant AcceptanceMerchant acceptance of contactless cards today, and their receptiveness to

eventually using chip cards for security reasons, were actively discussedtopics in several sessions.Dodd Roberts, president of the Merchant Advisory Group (MAG), anorganization of large US retailers, made a strongly reasoned call to actionfor all of the stakeholders to sit together and finalize a strategy. Focusing



terminal manufacturers, payments processors, and transit and payment systems integrators.

About the Smart Card Alliance

The Smart Card Alliance is a not-for-profit, multi-industryassociation working to stimulate the understanding, adoption, useand widespread application of smart card technology.

Through specific projects such as education programs, marketresearch, advocacy, industry relations and open forums, the Alliancekeeps its members connected to industry leaders and innovative

thought. The Alliance is the single industry voice for smart cards,leading industry discussion on the impact and value of smart cards inthe U.S. and Latin America. The Smart Card Alliance also offers theLeadership, Education and Advancement Program (LEAP) andCertified Smart Card Industry Professional (CSCIP) program for individuals who are involved in the smart card industry. For moreinformation please visit http://www.smartcardalliance.org.

Contact

Deb Montner Montner & Associates Tech PR Agency

[email protected]

http://www.smartcardalliance.org/





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