Legitimate Interest and Third-Party Opposition: Legal Protection Beyond the Boundaries of the Original Proceedings
The present note is based on the publication of attorney Elli Thanasenari, partner at Papatriantafyllou & Thanasenari, in the legal journal Applications of Civil Law and Civil Procedure (EFAPOLD – Issue 10/2025). Drawing on legal theory and case law, the article examines the concept of legitimate interest and the requirement of legal harm, highlighting the role of third-party opposition (tritanakopi) as an institutional mechanism that protects individuals who were not parties to the initial litigation.
What is Third-Party Opposition and Why Does It Matter?
Under Greek civil procedural law, third-party opposition (tritanakopi) is a powerful legal remedy. It enables persons who did not participate in the original proceedings to challenge a judgment when that judgment causes or threatens to cause harm to their legally protected interests.
The Concept of Legitimate Interest: Who Has Standing?
Legitimate interest is a fundamental prerequisite for bringing a tritanakopi.
It is not sufficient for a third party simply to disagree with the outcome of the decision. The law requires the existence of legal harm—or the risk of such harm—arising from the legal effects produced by the judgment.
Direct, Indirect, and Potential Harm
Legal harm may take different forms:
- Direct harm, when the judgment has an immediate impact on the third party’s rights.
- Indirect harm, when the adverse effect arises through other legal relationships.
- Potential harm, when there is a substantial risk that the third party will suffer an adverse consequence in the future.
When Is Legitimate Interest Not Established?
A person may not file a tritanakopi if no legal harm exists.
For example, a shareholder of a company does not have an independent legitimate interest to challenge a judgment concerning only the company, unless personal liability or a direct impact on the shareholder’s legal sphere can be shown.
The Relevant Provisions of the Greek Code of Civil Procedure
Article 586 of the Greek Code of Civil Procedure sets out two scenarios in which a third party may file a tritanakopi:
- Paragraph 1: When the judgment causes harm or a risk of harm to the third party’s interests.
- Paragraph 2: When the third party is bound by the res judicata of the judgment due to fraud or collusion between the original litigants.
In both cases, the third party may seek a declaration that the judgment is inoperative against them or request its annulment.
The Importance of Recent Legal Scholarship
The publication of our partner Elli Thanasenari in EFAPOLD (10/2025) focuses on the relationship between harm and legitimate interest, providing a modern interpretative approach supported by legal theory and jurisprudence.
Her analysis of the tritanakopi underlines the necessity of safeguarding third parties whose rights are affected by judicial decisions issued without them having been heard.
Conclusion: Third-Party Opposition as a Safeguard of Fair Trial Rights
Third-party opposition is not merely a procedural mechanism.
It is a critical safeguard within the justice system, ensuring that affected third parties have the opportunity to present their case, protect their rights, and—when necessary—challenge judicial decisions issued in proceedings to which they were not parties.
The full article by Elli Thanasenari, published in EFAPOLD (Issue 10/2025, pp. 945–954), is available (in Greek) HERE.
See also other articles by Elli Thanasenari:
- New Publication: Partner Elli Thanassenari on Share Transfer Due to Breach of Fiduciary Duty
- Civil Law & Civil Procedure Law Magazine features an Article written by Elli Thanasenari
Disclaimer: This publication is intended for informational purposes only and does not constitute legal advice. Professional legal guidance should always be sought before acting on any information contained herein.