In everyday legal practice, there are cases where waiting for a final court judgment may cause irreparable harm to a person or to one of their rights. For this reason, Greek law provides for the institution of interim measures (injunctive relief), i.e. a procedure of rapid and temporary judicial protection, aimed at safeguarding rights until the dispute is finally resolved.
Interim measures do not determine the merits of the case. Instead, they operate preventively and protectively, preventing the deterioration of a situation or the creation of non-reversible consequences.
Pursuant to Articles 682 et seq. of the Greek Code of Civil Procedure (GCCP), interim measures are temporary judicial arrangements ordered when there is:
- an urgent need, or
- an imminent risk,
and immediate judicial intervention is required to secure a right or a legal relationship.
A decision issued in interim-measures proceedings is temporary in nature and remains in force until the main dispute is adjudicated, or until it is revoked or amended, depending on the factual circumstances.
What interim measures are under Greek law
Under Greek law, interim measures are regulated in the Fifth Book of the GCCP (Articles 682–738A). They constitute special, expedited procedures of temporary judicial protection, designed to secure rights or situations until the final determination of the main dispute.
Indicatively, the law provides for various forms of interim measures, such as:
- security (posting of a bond),
- registration of a mortgage prenotation,
- precautionary attachment,
- judicial sequestration,
- interim award of claims,
- interim regulation of a situation,
- sealing, unsealing, inventory and public deposit, and
- the European Account Preservation Order.
The above interim measures are classified into two main categories:
(a) preservatory measures, and
(b) regulatory measures.
The preservatory category includes:
- security (bond),
- mortgage prenotation,
- precautionary attachment, and
- judicial sequestration.
The regulatory category, as a rule, includes measures that do not pursue a purely preservatory purpose but aim at the temporary regulation of a legal relationship or situation.
This distinction is of practical importance. In any event, the court is not bound by the title or the exact legal characterisation of the request and may, within the framework of the application, order the most appropriate temporary measure it deems necessary, based on prima facie assessment (probability) and the principle of proportionality.
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How interim measures are applied in practice
For a party to request interim measures, two basic requirements must be met cumulatively:
- Existence of a right
The applicant must have an already accrued right or a right that is expected to arise in the future, provided that its existence is already known and sufficiently specific.
- Urgent need or imminent risk
There must be an immediate risk or an urgent situation that makes temporary judicial intervention necessary in order to prevent serious or irreparable harm.
It is worth noting that applying for interim measures does not necessarily require that an action on the merits has already been filed. Interim measures may also be sought before filing the main action. In such a case, the court may set a specific deadline within which the main action must be filed, in accordance with the law and the particular facts of the case.
Is a lawyer required in interim-measures proceedings?
As a rule, representation in interim-measures proceedings is conducted by a lawyer. The law also provides for specific exceptions in certain cases. In any event, given the nature of the procedure and its consequences, legal assistance is particularly important in practice.
A lawyer’s involvement is considered essential both for the proper legal grounding of the application and for the effective presentation of the factual and legal arguments before the court.
When recourse to interim measures is necessary
Interim measures are considered necessary when delay in ordinary proceedings may cause:
- financial loss that cannot be remedied,
- infringement of personal or proprietary rights,
- disruption of family or professional life, or
- loss of evidence.
A key element is the immediacy of the risk, not merely the possibility of future harm.
Types of interim measures under Greek law
Greek law provides for various forms of interim measures, depending on the nature of the dispute:
Interim regulation of a situation (Article 731 GCCP)
Concerns temporary regulation of a legal relationship, such as:
- custody of minor children,
- interim maintenance, and
- temporary use of property.
Precautionary attachment (Articles 707–723 GCCP)
Primarily used in financial disputes to secure the future satisfaction of a claim.
Interim award of a claim (Article 728 GCCP)
Allows temporary payment of a monetary amount where a claim appears prima facie well-founded and there is an urgent need.
Prohibition or imposition of an act
The court may prohibit or order specific conduct, e.g. in cases of unfair competition or infringement of personality rights.
Requirements for granting interim measures
For interim measures to be granted, the following must be met cumulatively:
- Urgent need or imminent risk,
- Prima facie establishment (probability) of the right (not full proof), and
- Proportionality, so that the measure does not cause disproportionate harm to the respondent.
The procedure is summary, with limited evidentiary process, which enables swift issuance of a decision.
Advantages and limitations
Interim measures offer:
- speed,
- immediate protection, and
- flexibility.
However, they do not replace the main proceedings and do not finally adjudicate the dispute. For this reason, they are often followed by, or accompanied with, the filing of a main action.
How an application for interim measures is filed and what is required
An application for interim measures may be filed in two alternative ways, depending on the stage of the main dispute:
Ways to file the application
First, by filing a stand-alone pleading with the registry of the competent court, when no action on the merits has yet been brought. This application operates independently and aims at the immediate temporary protection of the right.
Second, interim measures may be requested together with the main action, either incorporated in the statement of claim or at a time permitted by the procedural course of the main proceedings, in accordance with the applicable provisions and the court’s assessment.
In both cases, the application is examined under the special provisions on interim measures, rather than the ordinary rules of regular proceedings.
What the application for interim measures should include
The application must be complete, clear and legally substantiated and should include, at a minimum:
- The general elements of the pleading, such as full identification details of the parties, addresses of residence, tax identification numbers (AFM) and other identifying information.
- Proof of payment of the applicable court fees / stamps, where required on a case-by-case basis.
- A detailed description of the factual background, namely:
- the right to be secured, and
- the urgent circumstance or imminent risk that necessitates the measure.
- Elements supporting the applicant’s standing and legal interest, as well as their capacity to participate in the proceedings.
Clarity and accuracy are critical, as the court decides based on prima facie assessment (probability) and not full proof.
What options exist if an interim-measures decision is issued against me
An interim-measures decision is temporary and does not prejudge the final outcome of the main dispute. It is entirely possible for the final decision to differ completely.
A party against whom an interim-measures decision has been issued may:
- Request revocation or amendment of the decision, if:
- they did not participate in the proceedings or were not lawfully served, or
- there has been a material change of circumstances justifying a new assessment.
- Submit a new request for revocation when:
- the main proceedings are concluded by a final decision,
- an enforceable final decision is issued in favour of the applicant for interim measures,
- the parties reach a judicial settlement, or
- the statutory conditions for revocation/amendment are met, in particular where there is a material change of circumstances or where the main dispute is decided by a final judgment.
What applies until the decision is issued – The temporary order
In practice, the decision on an interim-measures application is issued within a short time after the hearing, depending on the court and the particular characteristics of the case. However, in especially serious cases, this time gap may create a real protection gap.
To cover this gap, the law provides for a temporary order (Article 691A GCCP). This is an immediate judicial intervention whereby the judge temporarily regulates the parties’ legal relationship, creating specific rights and obligations for each side.
The temporary order remains in force until the decision on interim measures is issued or until it is revoked/modified, in accordance with the law and the court’s assessment.
Frequently Asked Questions (FAQ)
Is it mandatory that a main action follows?
Not always, but in many cases it is considered necessary, especially where a final resolution of the dispute is sought.
How quickly is a decision issued?
Within a short timeframe, depending on the court and the characteristics of the case.
Can interim measures be revoked?
Yes. Interim measures may be revoked or modified if circumstances change.
Are full proofs required?
No. Prima facie probability of the allegations is sufficient, not full proof.
Do they last forever?
No. They are temporary and cease to apply upon the issuance of a final decision, or by revocation or amendment.
Conclusion
Interim measures constitute a fundamental tool of immediate judicial protection in Greek law. Proper assessment of the urgent nature of the situation and timely legal guidance are crucial for their effective use and for the protection of the interested party’s rights.
Each case has its own particularities and requires proper legal assessment based on the specific facts and the applicable legal framework. Karpouzis-Lianou & Associates Law Firm undertakes the evaluation and handling of cases with responsibility and legal precision. Contact us so we may review the facts of your case.
This article is for informational purposes only and does not constitute legal advice. Each case requires an individualized assessment, based on the specific facts and the applicable legal framework. For tailored legal advice, please contact our law firm.
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