Greece: Compulsory mediation restricts access to justice

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Greece: Compulsory mediation restricts access to justice

In early 2018, a radical change to civil procedure was introduced as a result of Law 4512/2018. The change relates to compulsory mediation as an obligatory pre-trial stage for certain civil and commercial disputes. IP-related cases are included in these. Thus, before the filing of any IP-related main action lawsuit, the claimant must follow the designated mediation process, so that there is no procedural impediment to the trial. These legal provisions were scheduled to apply to any main action lawsuits filed from October 17 2018.

Criticism was voiced against these provisions. Critics noted that the mandatory nature of the mediation contradicts the fundamental right of access to justice. In relation to access to justice, objections also arose regarding compulsory mediation costs, as well as the fact that the mediator who is appointed should not necessarily be a lawyer. In light of this criticism, the Plenary of the Greek Bar Associations filed a request before the Greek Supreme Court in order to decide on the constitutionality of the compulsory mediation provisions.

In its Decision No. 34/2018, the Plenary of the Greek Supreme Court ruled by majority that the compulsory mediation provisions contradict the Greek Constitution (Article 20.1), the European Convention on Human Rights (Articles 6.1 and 13) and the Charter of Fundamental Rights of the European Union (Article 47), namely by restricting the fundamental right of access to justice.

In view of the above, and as a result of a recently filed amendment to the Law, the application of compulsory mediation has been suspended until September 16 2019 in order for the above provisions to be in accordance with the decision of the Plenary of the Greek Supreme Court. It will be interesting to see whether, in the meantime, mandatory mediation for IP-related cases is eliminated.

panagopoulos.jpg

Georgios Panagopoulos

Patrinos & Kilimiris

7, Hatziyianni Mexi Str.

GR-11528 Athens

Greece

Tel: +30210 7222906, 7222050

Fax: +30210 7222889

info@patrinoskilimiris.com

www.patrinoskilimiris.com

more from across site and SHARED ros bottom lb

More from across our site

After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
Gift this article