Encyclopedia of International Commercial Litigation (EICLIT) in Greece
Commercial litigation is not initiated in special commercial courts, but in one of the three types of district courts (Protovathmia Taktika Dikastiria) depending on the amount in
dispute. Interest or other incidental claims are not taken into account. When the amount at issue is not more than EUR 12.000,00 the magistrates court (Irinodikeio) is competent; when
it is more than EUR 12.000,00 but less than EUR 80.000,00, the one-member first instance court (Monomeles Protodikio) has competence; for all other cases competence lies with the
multi-member first instance court (Polymeles Protodikio).
According to Greek law, the monetary value of the claim determines the ‘subject- matter competence’ of the court and not the jurisdiction, which is determined by the divisions of judicial authority (criminal, civil and administrative jurisdiction) according to the matter to be adjudicated. Competence pertains to the allocation of judicial power within each jurisdictional division. It concerns the court’s power to adjudicate specified matters.
Greek law recognizes two kinds of competence: territorial (venue) and subject-matter competence. Territorial competence requires special links (e.g., the defendant’s domicile or the head office of a defendant legal entity) in order to bring a claim to a particular court. Subject-matter competence depends on the monetary value of the claim as described above.
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