Administrative Court grants supplier’s application for payment order against a Municipality
The law firm Papatriantafyllou & Thanasenari successfully obtained a payment order issued by the Single-Member Administrative Court of Appeal of Athens against a Municipality, for an outstanding debt arising from a public supply contract.
The decision confirms that suppliers to public authorities may seek immediate judicial protection through the payment order procedure under Articles 272 et seq. of the Greek Code of Administrative Procedure.
Legal Framework: Direct Judicial Protection for Public Contractors
Under Article 1 of Law 4329/2015, as well as the amendments introduced to the Code of Administrative Procedure, a payment order may also be issued for monetary claims deriving from administrative contracts—such as contracts for the supply of goods, public works, or services concluded between private undertakings and public entities or municipalities.
Although the procedure requires a strict review of the legality and completeness of the supporting documentation, it grants the claimant a directly enforceable title, equivalent to that recognized in private commercial relations.
This decision reaffirms that when a supplier’s claim is certain, liquidated, and due, and is supported by all required documentation — including delivery protocols, invoices, certificates of proper performance, and valid tax and social security clearances — the Administrative Courts may order the immediate payment of the outstanding amount by the contracting authority.
The Case and Our Approach
The case concerned a public procurement contract for the supply of equipment that had been fully and timely executed by our client under an agreement with a local government entity.
Despite the proper performance of the contract, delivery of materials, and submission of all necessary documentation — including delivery reports, performance certificates, invoices, and tax and social security clearances — the Municipality failed to pay the contractual price, exceeding €100,000.
Upon taking over the case, we carried out a thorough legal substantiation of the claim and examined all possible remedies.
Instead of pursuing the more time-consuming route of a standard lawsuit, we built a comprehensive evidentiary and legal foundation to file for a payment order before the Administrative Courts — a strategic choice that enables the issuance of an enforceable title without the need for a full trial.
Our approach ensured full compliance with all formal and substantive requirements under Article 272 of the Code of Administrative Procedure, proving the certainty and liquidation of the claim, the existence of a contractual relationship, and the lawful delivery of the goods.
Following an exhaustive examination of the evidence submitted, the Administrative Court of Appeal granted the application and ordered the Municipality to pay the total outstanding amount, together with statutory default interest and legal costs in favor of our client.
This decision further establishes that the payment order procedure before the Administrative Courts can serve as an efficient mechanism for the recovery of public sector debts, provided that the legal prerequisites are met and the case is presented with a meticulous and well-documented legal strategy.
Significance of the Decision
The issuance of a payment order against a Municipality under a public contract constitutes a significant legal instrument for businesses and suppliers contracting with public authorities and local government entities.
Far from being a theoretical provision, the payment order procedure before the Administrative Courts operates as a practical and effective means for the recovery of public sector debts.
In an environment where delayed payments by municipalities and other public bodies are common, this procedure offers suppliers expedited judicial protection for the collection of their receivables, avoiding lengthy and costly litigation.
For Papatriantafyllou & Thanasenari, this case represents yet another demonstration of our commitment to providing swift, precise, and well-substantiated legal representation, guided by legal accuracy, strategic insight, and effectiveness.