Decision No. 86/2025 of the Multi-Member Court of First Instance of Athens – Bankruptcy petition filed by a creditor.
The managing partner of our firm, Piperakis Dimitrios appeared on behalf of our firm during the hearing of a bankruptcy petition filed by a creditor of our client, seeking to have the latter declared bankrupt. By virtue of Decision No. 86/2025 of the Multi-Member Court of First Instance of Athens, the hearing of the bankruptcy petition was suspended until a decision is rendered on a previously heard, separate bankruptcy petition against the same client. Below is a relevant summary of the decision, which was published in all legal databases:
Bankruptcy petition by a creditor. – Identity of subject matter between two bankruptcy petitions. Avoidance of contradictory decisions; suspension of the bankruptcy petition hearing until a final decision is issued on a prior bankruptcy petition (Article 249 of the Greek Code of Civil Procedure). -Conditions for applying the provision of Article 249 of the Greek Code of Civil Procedure: The resolution of the dispute depends on the examination of a legal relationship that is the subject of another pending case, aimed at harmonizing judicial rulings and preserving the autonomy of the proceedings. The suspension is decided either ex officio or upon request of one of the parties. This suspension applies even in special procedures. -The relevant decision is not final. Following its issuance, the action remains pending, and the limitation period under litigation is suspended. -Filing of a bankruptcy petition by a creditor. Respondent’s request to suspend the hearing of said petition until a final decision is issued on an earlier bankruptcy petition filed by another creditor against the same debtor, with the same aim—placing the debtor under bankruptcy—which was heard on a previous hearing date. – The court suspends the hearing of the case until a final decision is rendered on the earlier bankruptcy petition.