The Interim Measure of Conservatory Seizure of Real Property

The precautionary attachment of immovable property and real rights thereon may be ordered by the court as an interim measure pursuant to Article 729(3) of the Greek Code of Civil Procedure.

As expressly provided in Articles 727, 995(2)(c), and 997(3–4) of the Code of Civil Procedure, in the case of immovable property in the hands of the debtor, the precautionary attachment is effected by service of a copy of the decision ordering the attachment on the debtor and on the authority competent to keep the register of attachments in the district where the property is located.

The order for service of the decision must specify the immovable property or the real right being attached, as well as the amount for which the attachment is imposed. The competent authority must, without culpable delay, register the precautionary attachment in the register of attachments.

As expressly provided by law, the provisions governing enforcement attachment apply to the registration, deletion, and ranking of entries. Any disposal of the attached immovable property by the debtor against whom the attachment has been imposed is prohibited and void in favour of the party who imposed the attachment.

This nullity, in the case of precautionary attachment, takes effect from the service of the decision ordering the attachment on the debtor. With regard to third parties, however, the nullity referred to in Article 715(1) of the Code of Civil Procedure applies only if, at the time of the disposition, the attachment had already been registered in the register of attachments.

Within 30 days from service on the debtor of the document of precautionary attachment, the creditor must bring an action for the principal claim before the court having subject-matter jurisdiction. If this 30-day time limit expires without action, the interim measure is automatically lifted.

If an action for the principal claim has already been filed, or if the precautionary attachment was imposed on the basis of a payment order, or if a payment order is served within the above time limit, no action is required.

A characteristic ruling is EfAth 7942/2000, which expressly states that the nullity of the disposal of property under precautionary attachment is limited to the amount of the monetary claim for which the attachment was imposed.