An appeal is the principal ordinary remedy available in Greek civil proceedings, enabling a party with a legitimate legal interest to request the review of a first-instance judgment by the competent appellate court. It is a crucial means of judicial protection, but its exercise is subject to strict time limits and specific procedural requirements.
This article concerns appeals in civil proceedings only. Criminal and administrative cases are governed by different rules and time limits.
What Is an Appeal?
An appeal is an ordinary legal remedy through which the appellant requests the competent appellate court—usually the Court of Appeal in relation to judgments of a Court of First Instance—to review specific errors of fact or law in the first-instance judgment.
Unlike an appeal on points of law before the Supreme Court, which focuses on the correct interpretation and application of the law, a civil appeal in Greece permits the reassessment of both the legal and factual basis of the case. This reassessment is not unlimited: the appellate court examines the case within the boundaries established by the grounds of appeal, any additional grounds and any cross-appeal, subject to matters that the court must examine of its own motion.
Who Is Entitled to File an Appeal?
A right of appeal is available to the claimant, defendant and parties who made a principal or ancillary intervention, provided that they were wholly or partially unsuccessful at first instance. Their universal successors and, subject to the applicable statutory requirements, their specific successors may also be entitled to appeal.
Even a party who succeeded at first instance may file an appeal if that party can demonstrate a specific legitimate legal interest. Mere disagreement with individual parts of the court’s reasoning is not sufficient where the operative part of the judgment causes no legal prejudice.
Which Judgments May Be Appealed?
As a general rule, an appeal may be brought against final judgments delivered at first instance that conclude the proceedings as a whole or the proceedings concerning the claim or counterclaim, unless an appeal is excluded by a specific statutory provision. An appeal is also permitted against judgments referring a case to the competent court due to lack of jurisdiction.
Non-final or interlocutory judgments cannot normally be appealed separately. When an appeal is brought against the final judgment, earlier non-final judgments are generally deemed to be challenged together with it, even if they are not expressly identified in the notice of appeal.
Particular care is required in relation to partially final judgments and cases in which a special statutory provision excludes or restricts the right of appeal.
Time Limit for Filing an Appeal
Under Article 518 of the Greek Code of Civil Procedure:
- If the appellant resides in Greece, the time limit for filing an appeal is thirty (30) days.
- If the appellant resides abroad or their residence is unknown, the time limit is sixty (60) days.
In both cases, the period begins when the judgment concluding the proceedings is formally served.
If the judgment is not served, the current long-stop period is one (1) year from the publication of the judgment. For older judgments and pending remedies, the transitional provisions of Law 5221/2025 must also be considered. The deadline should not therefore be calculated mechanically by reference only to the rule currently in force.
The day of service or publication is not included in the calculation. Under the general rule in Article 144 of the Greek Code of Civil Procedure, the deadline expires at 7:00 p.m. on the final day. If that day is legally excluded, the deadline expires at the same time on the next non-excluded day. For the purposes of the Code, Saturday is treated as a non-working and excluded day.
What Applies During August?
The period from 1 to 31 August is not included when calculating the 30-day or 60-day periods under Article 518(1) of the Greek Code of Civil Procedure.
This suspension applies to the periods beginning with formal service of the judgment. It does not apply in the same manner to the one-year period under Article 518(2), which begins upon publication where the judgment has not been served.
Special Rules for the Greek State and Public-Law Legal Entities
Additional provisions concerning judicial recesses apply to procedural periods running against the Greek State and public-law legal entities. As a general rule, the relevant periods do not begin or continue to run against them between 1 July and 15 September.
Since these special rules depend on the identity of the party and the type of proceedings, the deadline must be calculated separately for each party and each remedy.
How Is an Appeal Filed?
Under the current wording of Article 495 of the Greek Code of Civil Procedure, an appeal is filed with the registry of the court to which it is addressed, namely the competent appellate court. Where the appeal is to be heard at a transitional seat of a Court of Appeal, filing takes place at that transitional seat. Electronic filing may also be available where supported by the relevant court system.
Upon filing, a hearing date must be set immediately and must fall no later than five months after the date of filing.
The appeal is legally brought by filing the relevant pleading. Filing the appeal and serving notice on the respondent are separate procedural acts, each subject to its own requirements. As a general rule, the parties must be summoned within 30 days of filing, and service must take place at least 30 days before the hearing. If the party being summoned, or one of the co-parties, resides abroad or has an unknown residence, the applicable periods are 60 days from filing and at least 90 days before the hearing.
The pleading must identify the judgment under appeal and contain clear and sufficiently specific grounds of appeal, setting out the particular errors alleged in the factual or legal findings of the first-instance court. General complaints or vague assertions that the judgment was incorrect are insufficient.
Suspensive and Devolutive Effects
A timely and lawfully filed appeal produces two principal effects:
- Devolutive effect: the case is transferred to the appellate court only within the boundaries established by the appeal and any additional grounds. Parts of the judgment that have not been challenged are not reviewed unless they concern an issue that the court is required to examine of its own motion.
- Suspensive effect: a timely and lawfully filed appeal generally suspends enforcement of the first-instance judgment until a final decision on the appeal is delivered or the appellate proceedings are otherwise terminated.
The suspensive effect does not apply where the first-instance judgment has been declared provisionally enforceable. In that situation, a party may, subject to the statutory requirements, apply to the court for full or partial suspension of provisional enforcement.
Can New Allegations or Evidence Be Introduced?
An appeal does not provide an unrestricted opportunity to present an entirely new case. New factual allegations that were not raised at first instance are generally inadmissible unless one of the exceptions under Article 527 of the Greek Code of Civil Procedure applies. Such exceptions include circumstances arising after the first-instance hearing, allegations not previously raised for a justified reason, or allegations established by documentary evidence or a judicial admission made by the opposing party.
By contrast, the introduction of new evidence on appeal is permitted in principle. The appellate court may nevertheless reject evidence produced for the first time on appeal if it concludes that the party failed to produce it at first instance because of an intention to delay the proceedings or through gross negligence.
Recent Legislative Developments
Recent amendments to the Greek Code of Civil Procedure have materially changed the appeal process. The long-stop period where a judgment has not been served was reduced from two years to one year. Appeals are now filed with the registry of the court to which they are addressed, and the hearing date is set immediately upon filing.
Specific deadlines have also been introduced for summoning the parties following the filing of the appeal. For appeals filed by 31 December 2025 with the registry of the court that delivered the judgment under appeal, a request must be made for their listing before the competent court no later than 31 March 2027. Otherwise, the appeal is deemed not to have been filed.
Practical Considerations
- Record separately the date on which the judgment was published and the date on which it was formally served.
- Determine which statutory and transitional regime applies, particularly where the judgment was published before the recent amendments entered into force.
- Apply the August suspension correctly, without assuming that it affects every procedural period in the same way.
- Do not confuse filing the appeal with serving notice on the respondent. These are separate procedural acts subject to independent deadlines.
- Determine promptly whether the judgment has been declared provisionally enforceable and whether a separate application for suspension is required.
- The grounds of appeal must be specific, sufficiently detailed and directed against clearly identified findings or parts of the first-instance judgment.
Frequently Asked Questions (FAQ)
What is the time limit for filing a civil appeal in Greece?
The deadline is 30 days from formal service of the judgment if the appellant resides in Greece and 60 days if the appellant resides abroad or their residence is unknown.
What happens if the judgment is not served?
Under the current wording of Article 518 of the Greek Code of Civil Procedure, the deadline is one year from publication of the judgment. Transitional provisions must also be considered in relation to older judgments.
Is August included in the appeal period?
The period from 1 to 31 August is excluded when calculating the 30-day or 60-day period beginning with formal service. This rule does not apply in the same manner to the one-year period beginning upon publication.
Who may file an appeal?
As a general rule, a party who was wholly or partially unsuccessful at first instance and has a legitimate legal interest may appeal. In certain circumstances, even a successful party may appeal if the judgment causes that party specific legal prejudice.
Where is the appeal filed?
Under the current rules, it is filed with the registry of the court to which it is addressed, namely the competent appellate court.
Does filing an appeal suspend enforcement of the judgment?
A timely and lawfully filed appeal generally suspends enforcement. If the judgment has been declared provisionally enforceable, enforcement is not automatically suspended and a separate application for suspension may be required.
Can I submit new evidence on appeal?
In principle, yes. The appellate court may, however, reject evidence produced for the first time on appeal if it was not produced at first instance because of an intention to delay the proceedings or through gross negligence. Stricter and different rules apply to new factual allegations.
What happens if the appeal is filed late?
The appeal is dismissed as inadmissible without examination of its substantive grounds, and the first-instance judgment is not overturned through that remedy.
Do different rules apply to the Greek State and public-law legal entities?
Yes. Special rules apply to procedural periods running against the Greek State and public-law legal entities during the judicial recess. The deadline must be calculated by reference to the identity of the particular party and the applicable procedural regime.
This article is intended solely for informational purposes and does not constitute legal advice. Each case requires an individual assessment based on its specific facts and the applicable legal framework. For specialised legal advice, please contact our law firm.
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