Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Commercial litigation covers legal disputes that arise from business relationships, contracts, corporate governance, trade transactions, insolvency and related commercial activities. Nea Smyrni is a municipality in the region of South Athens. Most commercial disputes that originate in Nea Smyrni are litigated before the competent courts of Athens - in particular the Athens Court of First Instance for first instance matters and the Athens Court of Appeal on appeal - since Nea Smyrni does not operate a separate commercial court of first instance. Cases may also enter specialized procedures such as insolvency proceedings, enforcement actions or arbitration if the parties have agreed to alternative dispute resolution.
This guide explains common reasons to seek legal help, the main legal rules and procedures that apply in Greece, typical timelines and costs, where to get local help and practical next steps if you face commercial litigation in or near Nea Smyrni.
Commercial disputes can be complex, fact intensive and governed by multiple areas of law - contract law, company law, commercial practice, insolvency rules, administrative or competition law where relevant. You should consider hiring a lawyer if you face any of the following situations:
You are involved in a contract dispute - for example non-payment, defective performance, breach of supply or distribution agreements. A lawyer can assess contract terms, identify remedies and start enforcement or defense steps.
You are a business owner or shareholder involved in governance disputes - deadlocks, claims for accounting, minority oppression or disputes over board decisions often require immediate legal and procedural advice.
A counterparty has begun enforcement or attachment proceedings - lawyers handle statutory compliance, appeals against measures, and negotiations to stop or restructure enforcement.
You face insolvency or restructuring - whether you are a creditor, debtor or director, insolvency rules impose deadlines and procedural steps that affect rights and liabilities.
There are cross-border elements - if counterparties, assets or contracts involve other jurisdictions, a lawyer helps with recognition and enforcement issues, choice of law questions and procedure for foreign judgments or arbitral awards.
You seek interim relief - provisional measures such as injunctions or orders for preservation of assets are technical and time sensitive. A local lawyer can obtain urgent relief from the competent court.
Commercial litigation in Nea Smyrni is governed by national Greek law and by international conventions to the extent they apply. Important legal areas to be aware of include contract law under the Greek Civil Code, company and corporate law governing company types and shareholder rights, civil procedure rules that determine how to start and prosecute claims, insolvency and restructuring law, and enforcement law that regulates execution against assets.
Greek procedure requires formal filings, service of process and adherence to procedural deadlines. There are rules on evidence and witness testimony, and courts may order expert reports on technical matters. Interim measures to preserve assets or secure evidence are available but must be requested promptly and in the proper procedural form.
Alternative dispute resolution - arbitration and mediation - is permitted and often used in commercial disputes. Arbitration awards are generally enforceable under Greek law and the New York Convention, subject to limited grounds for challenge under national law. Many commercial contracts include arbitration clauses - these affect forum choice and procedural steps.
Insolvency and restructuring regimes affect creditor rights, the ability to enforce claims and director liability. Creditors should monitor statutory filing deadlines and procedural windows, as failing to act can change priority and recovery prospects.
Enforcement of judgments - domestic court judgments are enforced through statutory enforcement procedures. Recognition and enforcement of foreign judgments and arbitral awards is possible but depends on the origin of the decision and applicable treaties or EU rules.
Commercial disputes originating in Nea Smyrni are generally brought before the Athens Court of First Instance. Appeals from first instance decisions are heard by the Athens Court of Appeal. The precise court depends on the subject matter and value of the claim and on any valid forum selection clause agreed by the parties.
There is no single answer. Simple cases can be resolved within months if settled early or if interim measures are granted quickly. Complex commercial litigation or cases requiring expert evidence, multiple procedural stages and appeals can take several years. Timing depends on court workload, case complexity and whether the parties pursue appeals.
Provisional measures are urgent court orders to preserve assets, secure evidence or prevent irreparable harm while the main dispute is pending. Courts may grant them on an expedited basis if the applicant shows urgency, likelihood of success on the merits and risk of irreparable harm. A local lawyer can prepare and file the necessary petition and supporting evidence.
Enforcement of a foreign judgment in Greece depends on the origin of the judgment and applicable conventions or EU regulations. Judgments from EU Member States are usually enforceable under EU rules, subject to prescribed procedures. Non-EU judgments may be recognized and enforced under bilateral treaties or national law, with limited grounds for refusal. Enforcement often requires a Greek procedure to obtain an enforceable title.
Parties may agree to arbitrate most commercial disputes, and arbitration is widely used. Greek law supports arbitration and enforces valid arbitral awards, including international awards under the New York Convention. If you have an arbitration agreement, you need to follow the contractual and procedural steps specified in that agreement rather than filing a court action.
Lawyers in Greece typically charge by agreement - hourly rates, fixed fees for defined tasks, or success fees in some cases. Court fees, expert fees and enforcement costs are separate. The losing party may be ordered to pay the successful party's legal costs, but recovery rarely covers all expenses. Obtain a written fee estimate and a retainer agreement before proceeding.
Bring all relevant contracts, correspondence, invoices, payment records, corporate minutes and any filings related to the dispute. Prepare a short timeline of events, names of key persons and any court or enforcement notices received. This allows the lawyer to assess your position, advise on urgency and outline options.
If your counterparty enters insolvency or restructuring, creditors must follow statutory procedures and timelines to file claims and participate in creditor meetings. An insolvency filing can stay enforcement actions and change recovery prospects. It is important to consult a lawyer promptly if insolvency is threatened or declared.
Greek courts can order asset preservation measures such as bank account freezes or attachment of assets as provisional relief. Such measures require court approval and are typically granted when applicants demonstrate a serious risk that enforcement would be frustrated without them. Preparation and prompt action are essential.
Look for a lawyer with experience in commercial litigation and relevant subject matter experience - contracts, corporate disputes or insolvency as needed. Ask about their experience in the Athens courts, familiarity with local judges and procedural practices, fee structure and client references. A clear engagement letter and communication plan are important. Consider whether you need a lawyer who handles negotiations and alternative dispute resolution as well as court litigation.
For assistance and further information, the following bodies and organizations are helpful resources when facing commercial litigation in Nea Smyrni:
The Athens Court of First Instance - where most first instance commercial cases from Nea Smyrni are heard. Court registries provide procedural information on filing and scheduling.
The Athens Court of Appeal - handles appeals from first instance civil and commercial decisions.
The Athens Bar Association - a professional body for lawyers in Athens where you can obtain referrals and information about professional conduct and legal aid options.
The General Commercial Registry - national registry for company information and filings that is essential when dealing with corporate disputes or due diligence.
The Hellenic Ministry of Justice - for information on court procedures, procedural codes and legislation.
Local Chambers of Commerce - useful for commercial mediation services, expert lists and business dispute prevention resources.
Private arbitration and mediation providers - if your contract contemplates alternative dispute resolution, professional arbitration and mediation centers administer those procedures under Greek law.
If you are facing a commercial dispute in Nea Smyrni, take these practical steps to protect your position:
Act quickly - commercial claims and provisional relief windows can be time sensitive. Preserve evidence and documents and prepare a clear chronology of events.
Seek an initial consultation with a qualified commercial litigator who practices in Athens courts. Ask about experience, likely strategies, expected timeline and fee arrangements.
Consider provisional measures if there is risk of asset dissipation or loss of critical evidence. Your lawyer can advise on urgency and likelihood of success.
Explore settlement and alternative dispute resolution - mediation or arbitration can be faster and less costly than full litigation, depending on the dispute and contract terms.
Prepare for litigation - gather contracts, invoices, communications, corporate records and any technical reports that support your claim. Follow your lawyer’s guidance on statutory deadlines and court procedure.
Stay informed and involved - maintain regular contact with your lawyer, respond promptly to requests for documents or instructions and keep a record of all developments related to the dispute.
Legal disputes are stressful and often complex. Local counsel with commercial litigation experience in the Athens courts is the best source of practical, case-specific advice for parties located in Nea Smyrni. Early legal advice improves the chances of managing risk, preserving rights and achieving an effective outcome.
