Temporary Injunction Order of the President of the Single-Member Court of First Instance of Athens regarding the non-change in the financial status of the opposing party of our company’s principal, up to the amount of €125,000.00.
In the context of an application for interim measures, a temporary injunction order was issued by the President of the Single-Member Court of First Instance of Athens in the case of the applicant principal of our company, who was represented by lawyer Evangelia Kourti, against his opposing party.
The request for interim measures is the revocation (by our client – a third party) of the fraudulent mortgage notes that are suspected to have been registered by our client’s counterparty on his property, in order to fictitiously burden the image of his financial situation and to prevent our client from claiming satisfaction of his claim against him.
In view of the hearing of the request for interim measures, the President of the Single-Member Court of First Instance of Athens granted a temporary injunction order not to change the movable and immovable property status of the counterparty of our client’s company, up to the amount of €125,000.00, which is equal to the commercial value of the counterparty’s property.
In practice, the temporary interim order functions as a prohibition of actions that could reduce or change the property (e.g. transfer, further encumbrance, disposal of rights, etc.) of the opposing party, to the extent covered by the above amount. The temporary interim order constitutes a temporary safeguard measure (it does not definitively judge the substance of the dispute), with the aim of preventing the risk of nullifying the future satisfaction of our applicant client.
The validity of the interim order extends until the hearing of the application for interim measures at the appointed hearing, provided that the hearing takes place. Finally, to produce the relevant effect against third parties, the temporary interim order is registered in the competent land registry office pursuant to article 691A of the Code of Greek Civil Procedure.