Recognition and Award of a Monetary Claim Arising from a Commercial Dispute
In a recent ruling, the Single-Member Court of First Instance of Athens fully upheld the claims of our client, a claimant company, in a commercial debt recovery dispute. The Court confirmed both the existence and the amount of the outstanding monetary claim arising from a series of commercial transactions, while rejecting in their entirety the substantive arguments raised by the opposing party.
The decision constitutes a clear example of effective judicial protection in commercial and corporate disputes, particularly where the case is approached with a well-documented litigation strategy and proper use of evidentiary material.
Factual and Legal Background of the Dispute
The case concerned a commercial relationship under which successive sales agreements had been concluded and multiple invoices had been issued for the delivery of goods. Despite having received the products and accepted the relevant documentation, the counterparty failed to proceed with the timely and full payment of the amounts due.
During the proceedings, the defendant alleged partial payment, disputed the amount of the debt, and argued abusive exercise of rights by the claimant. After a detailed review of the invoices, supporting evidence, and the overall conduct of the parties, the Court dismissed these arguments as unfounded.
The Court’s Ruling
In its decision, the Court accepted the legal and factual arguments advanced on behalf of our client, finding that both the existence and the exact amount of the claim had been fully proven. It further held that the payments invoked by the defendant were insufficient to discharge the total debt.
Particular emphasis was placed on the correct application of the rules governing the allocation of payments, as well as on the assessment of the parties’ overall commercial relationship.
The Court recognized that the outstanding debt exceeded EUR 350,000, awarded statutory interest accruing from a specific point in time following the issuance of the relevant invoices until full payment, and ordered the defendant to bear the legal costs of the proceedings.
Practical Significance for Businesses
This decision is of particular practical importance for companies engaged in commercial transactions, as it confirms that:
- proper record-keeping and documentation of commercial transactions constitute critical evidentiary tools,
- general allegations of partial payment or abusive conduct are insufficient without clear and persuasive proof, and
- judicial enforcement can lead to tangible results when preceded by sound legal assessment and strategic preparation.
Strategic Litigation in Commercial Disputes
At Papatriantafyllou & Thanasenari, we understand that commercial and corporate disputes require a combination of legal precision and strategic thinking. Early legal guidance, thorough preparation of evidentiary material, and the selection of the appropriate procedural route can make the difference between a lengthy and uncertain process and a decisive judicial outcome.
This case confirms that a systematic and methodical approach to business disputes can effectively safeguard the financial interests of companies.