A. Aimilianidis/C. Kliridis/C. Apalagaki..., Conservatory measures (interim injunctions) in Cypriot and Greek Law, 2024

Table of Contents

Series Editors’ Foreword

Opening of the conference (by Prof. Kalliopi Makridou)

Interim Injunctions regarding Immovable Property in Cypriot Law (by Prof. Achilles C. Emilianides)

1. The Civil Procedure Rules

2. Interlocutory Applications

2.1. The Old CPR

2.2. The New CPR

3. Ex Parte Proceedings

4. Requirements for Interlocutory Injunctions

5. Prohibitive orders

6. Specific Interim Orders

Interim Injunctions Freezing Bank Accounts under Cyprus law (by Prof. Christos Clerides)

1. Introduction

2. Historical development of the law

(a) The law prior to Mareva

(I) Interim Injunctions Freezing Bank Accounts and Search Orders

(II) Mareva Injunction

(ΙΙΙ) The criteria to be fulfilled

(b) The turning point

(I) Nemitsas and Pastella Marine

(II) Other related issues

(III) Worldwide Mareva injunctions – (WFO – Worldwide Freezing Orders)

(c) The law today

(d) Jurisprudence in England

3. Jurisdiction

(a) Courts of first instance

(b) Second and third tier jurisdiction

4. The Procedure

(a) Cases filed before 1.9

(b) Cases filed after September

5. Some Conclusions

Interim injunctions freezing bank accounts under Greek Law [Regulation 655/2014 (establishing a European Account Preservation Order) and Art. 738A of the Greek Civil Procedure Code] (by Prof. Charoula Apalagaki)

I. Introduction

II. The context and the focus (main points of the presentation)

III. Interpretation of the Regulation under the provision of 738A of the Greek Code of Civil Procedure

IV. The specific provisions

a. Regarding jurisdiction for the issuance of a preservation order by a greek Court

b. As far as competence is concerned

c. Application-request, context

d. Need of proof

e. Urgent need

f. Required evidence. Degree of the sufficient proof. Is probability sufficient?

g. Especially the right to information (Art. 14 of the Regulation)

h. Intermediate remarks

V. Procedure after the issuance of the order. Execution of it. Defence rights of the debtor

VI. Some additional remarks on the Greek Law regarding the execution of preservation orders issued by the Courts of another member State

VII. Final conclusions

Interim injunctions of immovable property under Greek law (by Dr. Panagis Christodoulou)

1. Introduction

2. Constitutional and supranational armour of provisional measures

3. Preconditions and rules for the grant of provisional remedies

3.1. Prerequisites for the grant of provisional remedies

a. Interim protection of rights recognized by law

b. Existence of an urgent situation and imminent danger

3.2. General principles in provisional remedies proceedings

a. Ordering the most appropriate provisional remedy

b. Evidence

c. Prohibition of the satisfaction of the substantive right

d. The temporary validity of provisional remedies

e. Revocation of provisional remedies

f. Interim order

4. Provisional Measures and immovable property

4.1. Prenotice of mortgage

a. Importance, meaning and content

b. Preconditions for granting Prenotice of mortgage

b. i. Properties subject to Mortgage prenotation

b. ii. Existence of the claim to be secured

b. iii. Legal titles granting the right to register a Mortgage Note

b. iv. Imminent danger of the claim to be secured

c. Subject matter and territorial jurisdiction

d. Content of the petition and the judgement

e. Nullity

f. Consensual Mortgage prenotation

4.2. Conservatory attachment

a. Importance, purpose and content

b. Preconditions for enforcing conservatory attachment

c. Procedure relating to real property

d. Consequences

e. Enforcing conservatory attachment according to Art. 724 CCivP

4.3. Judicial Escrow

a. Meaning and function

b. Objects subject to Judicial escrow

c. Preconditions for ordering judicial escrow

d. Legitimation and Competence

e. Elements of the judgement

f. Special provisions

4.4. Sealing, Unsealing and Inventory in real properties

a. General definition

b. Definition of meanings

c. Preconditions, procedure and consequences of Sealing and Unsealing

d. Preconditions, procedure and consequences of Inventory

5. Concluding remarks

Preservation orders in Cyprus and Greece through the lens of the European Account Preservation Order (by Dr. Nicolas Kyriakides)

I. Introduction

II. The European Account Preservation Order

III. Interim relief in Cyprus and Greece and its enforcement

IV. The application of the EAPO regulation

V. Conclusion

Interim orders freezing immovable property and rights of third parties in the Cypriot legal order (by Dr. Salome Yiallourou)

1. Introduction

2. Cases

3. Remedies

4. Precautions

5. Conclusion

On the legal nature and limits of the court’s discretionary power in selecting and shaping the content of the interim measure imposed on immovable property (by Dr. Eugenia Ferentinou)

1. Introductory remarks

2. The views that have been put forward concerning the legal nature of the discretionary power of the court to order such injunctive relief as it deems appropriate

3. The limits of the court’s power in selecting and shaping the content of the interim measure imposed on immovable property, in conjunction with the partial exemption from the principle of party disposition in interim proceedings

3.1. The three opinions supported on this issue

3.1.1. The most restrictive approach

3.1.2. The prevailing opinion

3.1.3. The disengagement of judicial discretion from the type of injunctive measure requested, according to a dissenting third viewpoint

4. In conclusion

European Account Preservation Order. The notions of “fault” and “damage” under article 13 of Regulation (EU) No 655/2014 on creditor liability (by Spyros Andritsos)

1. Introduction

2. Substantive rules on creditor’s liability. The interplay between European Law and national laws

2.1. The notion of “fault” under article 13 of Regulation (EU) No 655/2014

2.2. The notion of “damage” under article 13 of Regulation (EU) No 655/2014

Concluding Remarks (by Ass. Prof. Anna Plevri)