Our Expert in Greece
When counterfeit goods surface in Greek retail outlets, warehouses or online marketplaces, rights‑holders need a fast, court‑backed mechanism to halt the infringement before permanent damage is done. Understanding how to obtain a preliminary injunction in Greece is the critical first step in that process. Greek law provides a dedicated interim‑measures framework, governed by the Greek Code of Civil Procedure (GCCP), Fifth Book, Articles 682–738A, that allows trademark, design and copyright owners to secure seizure orders, prohibitory injunctions and related relief on an urgent basis.
This guide sets out the eligibility criteria, the complete step‑by‑step filing procedure, the documents needed for an injunction, realistic timelines and costs, and the 2026 digital enforcement changes that now shape how rights‑holders coordinate with customs, police and online platforms in Greece.
A preliminary injunction in Greece is a provisional court order designed to preserve the status quo and prevent further harm while a main‑action lawsuit is prepared or pending. In the anti‑counterfeiting context, it typically takes the form of a prohibitory order (stopping the sale, import or distribution of infringing goods) or a seizure order (directing customs, police or a court bailiff to impound suspect merchandise). Any party that holds a registered or well‑known intellectual property right, trademark, industrial design, patent or copyright, can apply, including foreign entities, provided they appoint local Greek counsel.
Trademark enforcement in Greece follows three broad routes: civil interim relief (the subject of this guide), customs recordal under Regulation (EU) No 608/2013, and criminal complaint to the public prosecutor or financial police. These routes are not mutually exclusive. Many effective enforcement campaigns combine a civil seizure order with a parallel customs Application for Action (AFA) and, where the scale of counterfeiting justifies it, a criminal referral.
Before a Greek court will grant a preliminary injunction, the applicant must satisfy four core legal tests. These are codified in GCCP Articles 682–738A and developed by settled case law. The court examines them together, and weakness on any single test can be fatal to the application.
| Legal test | What the applicant must prove |
|---|---|
| Prima facie case (probability of the right) | The applicant holds a valid IP right and there is a reasonable probability that the respondent is infringing it. Full proof is not required, the standard is one of probability, supported by documentary evidence and sworn affidavits. |
| Urgency / risk of irreparable harm | There is an imminent danger that the right will suffer irreparable or hard‑to‑quantify harm if relief is not granted immediately. Continued sale of counterfeits, dilution of brand goodwill and loss of market share are recognised heads of harm. |
| Balance of convenience / proportionality | The harm the applicant would suffer without the order outweighs any inconvenience or damage the order would cause to the respondent or third parties. |
| Security / bond (where ordered) | The court may require the applicant to post a financial guarantee to cover the respondent’s potential losses if the injunction is later found to have been unjustified. The amount is set at the court’s discretion. |
The evidentiary threshold is lower than for a final judgment. Applicants typically rely on sworn affidavits (executed before a Greek notary or, where the deponent is abroad, before a consular officer or notary under the Apostille Convention), purchase trap reports, expert comparison reports and marketplace screenshots. Courts increasingly accept digital evidence provided it meets chain‑of‑custody requirements, a topic explored further in the documents section below.
Where goods are detained by customs under Regulation (EU) No 608/2013, the rights‑holder generally has ten working days (extendable to ten additional days) to initiate court proceedings or agree to destruction. The preliminary injunction procedure is the usual vehicle for meeting that deadline.
The following eight steps trace the complete lifecycle of an interim injunction application for counterfeit goods, from the moment you discover the infringement through to post‑order enforcement. Each step identifies who is responsible and the typical duration.
| Step | Who does it | Typical duration |
|---|---|---|
| 1. Preserve evidence and conduct pre‑filing investigation | Rights‑holder + local investigator + counsel | 24–72 hours |
| 2. Draft injunction application, affidavit(s) and power of attorney | Rights‑holder + Greek counsel | 1–5 days |
| 3. File urgent application with the competent court | Greek counsel | Same day (filing); ex parte order possible within 1–7 days in extreme urgency |
| 4. Attend court hearing and obtain provisional measures order | Court + counsel for both parties | Expedited hearing: within 30 days; standard hearing: 2–4 months (varies by court) |
| 5. Enforce the order: seizures, inventory and destruction | Court bailiff + police / customs | Days to 2 weeks once order is issued |
| 6. Notify online marketplaces and register with customs (AFA / eAFA / IPEP) | Rights‑holder + counsel + customs representative | Immediate to 1–2 weeks |
| 7. Pursue follow‑on remedies: damages claim and permanent injunction | Counsel + court | Months (main action on the merits) |
| 8. Address non‑compliance: penalty applications and criminal referral | Counsel + public prosecutor | Ongoing as needed |
Before instructing counsel to file, secure the evidence that will form the backbone of your application. For physical counterfeits, arrange controlled test purchases through a local investigator, retain the goods, receipts, packaging and any business cards or invoices. For online counterfeits, capture full‑page screenshots of every listing (including the URL, seller name, price and timestamp), save the underlying HTML and export metadata. Use a consistent timezone notation (UTC or EET/EEST) across all captures. Photograph physical samples alongside genuine products for side‑by‑side comparison. All evidence should be preserved in its original form with an unbroken chain of custody; preparing online evidence for Greek courts involves forensic export and, ideally, notarisation of the digital record.
Greek counsel will prepare the formal application (αίτηση ασφαλιστικών μέτρων), which identifies the rights‑holder, describes the IP right, sets out the infringement and specifies the relief sought, typically a prohibitory order, a seizure order, or both. Supporting affidavits must be sworn before a Greek notary. Where the deponent is abroad, the affidavit may be executed before a notary public in the home jurisdiction and apostilled under the Hague Apostille Convention, or executed before a Greek consular officer. A power of attorney (POA) authorising Greek counsel to act must also be apostilled if executed outside Greece. Certified translations of foreign‑language documents into Greek are mandatory.
The application is filed with the Single‑Member First Instance Court (Μονομελές Πρωτοδικείο) that has territorial jurisdiction over the place where the infringement occurs or the respondent is domiciled. In cases of extreme urgency, for example, where goods are about to be shipped or destroyed, counsel may request an ex parte temporary order under GCCP Article 691 §2. The court may grant such an order without hearing the respondent, though the threshold is high: the applicant must demonstrate that any delay would cause irreversible harm. If granted, an ex parte seizure order can issue within one to seven days of filing.
Where the court proceeds on notice (the standard route), a hearing date is set. Practice varies by court: jurisdictional reports indicate that expedited hearings may be determined for discussion within 30 days, while in busier courts, particularly in Athens, the typical window for an interim measures hearing is two to four months. At the hearing, both parties present evidence and argument. If the court is satisfied that the four legal tests are met, it issues a decision granting the provisional measures sought, which may include a seizure order in Greece, a prohibition on further sales, and directions for inventory. The court may impose a security bond on the applicant.
Once the order is issued, enforcement is carried out by a court bailiff (δικαστικός επιμελητής), who may coordinate with police or customs officials. The bailiff serves the order on the respondent, enters the identified premises, and seizes and inventories the counterfeit goods. Seized goods are placed under court custody pending a final decision on destruction. Where customs is already holding a consignment under Regulation (EU) No 608/2013, the court order supplements the customs detention and authorises continued holding or destruction.
With the court order in hand, serve takedown notices on online marketplaces citing the order as legal authority. File or update your customs AFA (or eAFA via the EUIPO’s IPEP) to ensure that future consignments of the same infringing goods are intercepted at the border. Preserve the chain of custody for all seized goods, this evidence will be needed in subsequent damages proceedings.
Provisional measures are temporary by nature. The rights‑holder must file a main action on the merits within the time limit set by the court (typically 30 days from the grant of the interim order, though the court may specify a different period). The main action seeks a permanent injunction, damages (including lost profits and unjust enrichment), destruction of remaining goods and publication of the judgment. Failure to file the main action in time may result in the provisional measures being revoked.
If the respondent fails to comply with the court order, counsel may apply for contempt penalties, including a monetary fine for each day of non‑compliance. Where the scale of counterfeiting warrants it, a parallel criminal complaint may be filed with the public prosecutor, triggering a police investigation and potential criminal penalties including imprisonment and fines under Greek trademark and intellectual‑property legislation.
Assembling the correct documents before filing is essential. Missing or improperly authenticated evidence is one of the most common reasons applications are delayed or weakened. The table below lists the core documents, their format requirements and practical notes.
| Document | Notes |
|---|---|
| Proof of IP right (registration certificate) | Trademark certificate, design registration or copyright evidence. Must be certified and translated into Greek by an official translator. For EU trademarks, the EUIPO certificate is accepted directly. |
| Samples of alleged counterfeit goods | Physical samples from test purchases, plus photographs showing side‑by‑side comparison with genuine products. Include measurements, weight and material differences where relevant. Lab or technical comparison reports strengthen the application. |
| Invoices, purchase orders and shipping documents | Evidence of the commercial chain, receipts from test purchases, import/export documentation, waybills. Originals preferred; certified copies accepted. |
| Marketplace screenshots (for online counterfeits) | Full‑page captures showing product listing, seller identity, price, URL and timestamp. Save HTML source files and metadata. Notarise the digital evidence pack where possible. |
| Sworn affidavit(s) from rights‑holder and investigator | Executed before a Greek notary. If deponent is abroad: execute before a local notary and apostille, or before a Greek consular officer. Must set out facts of infringement, evidence of harm and urgency. |
| Power of attorney (POA) to Greek counsel | Apostilled if executed abroad. Must specifically authorise the filing of interim‑measures proceedings. |
| Expert report on consumer confusion / market impact | Optional but recommended for complex cases. Market surveys, brand‑value assessments or expert opinions on likelihood of confusion. |
| Request for security / undertaking | Prepared by counsel if anticipating a court‑ordered bond. Sets out the applicant’s proposed guarantee amount and form (bank guarantee or cash deposit). |
| Prior notices to defendant / marketplace | Copies of any cease‑and‑desist letters, marketplace takedown requests or responses. Demonstrates that non‑judicial measures were attempted (not a prerequisite but strengthens urgency argument). |
| Customs recordal / AFA evidence | If customs is involved: copy of the existing AFA or eAFA, customs detention notice, and any correspondence with customs authorities under Regulation (EU) No 608/2013. |
All foreign‑language documents must be accompanied by a certified Greek translation. Documents executed abroad require apostille authentication unless they originate from another EU Member State and fall within specific recognition rules. Counsel should verify current authentication requirements with the competent Greek court registry.
Realistic time planning is essential. The overall duration from first evidence collection to an enforceable order depends on whether the case proceeds ex parte, on an expedited track, or through a standard hearing. The table below consolidates the typical timeline.
| Phase | Who does it | Typical duration |
|---|---|---|
| Evidence preservation and investigation | Rights‑holder + investigator + counsel | 24–72 hours |
| Application drafting and document preparation | Rights‑holder + counsel | 1–5 days |
| Filing and (if sought) ex parte temporary order | Counsel + court | Same day to 7 days |
| Hearing on provisional measures (expedited track) | Court + both parties’ counsel | Within 30 days of filing |
| Hearing on provisional measures (standard track) | Court + both parties’ counsel | 2–4 months (varies by court; Athens courts tend toward the longer end) |
| Enforcement of order (seizure, inventory) | Court bailiff + police / customs | Days to 2 weeks |
| Post‑order steps (marketplace notices, customs AFA update) | Rights‑holder + counsel | Immediate to 1–2 weeks |
| Filing of main action on the merits | Counsel | Within 30 days of the provisional‑measures order (court may specify a different period) |
Key deadlines to watch include: the deadline to file the main action after obtaining provisional measures (typically 30 days); the ten working‑day window for rights‑holders to initiate proceedings when customs detains goods under Regulation (EU) No 608/2013 (extendable by ten additional working days); and any court‑imposed deadline for posting a security bond. Missing any of these deadlines risks revocation of the interim order or release of detained goods.
Variability is significant. Provincial courts generally schedule hearings faster than the Athens First Instance Court. The complexity of the case, the number of respondents, and whether service of process on the respondent encounters difficulties all affect the overall timeline. Early engagement with experienced local counsel is the most effective way to compress these timeframes.
Costs vary considerably depending on case complexity, the court’s location, and whether the application is contested. The table below provides indicative ranges as of 2026. All figures should be confirmed with local counsel and the relevant court registry before filing.
| Item | Typical amount | Notes |
|---|---|---|
| Court filing fee | Varies (small fixed administrative fee) | May increase if the application includes monetary relief. Verify with the court registry. |
| Counsel fees (urgent drafting + appearance) | €1,500–€6,000+ | Depends on complexity, seniority of counsel, and whether ex parte urgency applies. Emergency work attracts premium rates. |
| Expert report / lab analysis | €500–€4,000 | Required for technical comparison of genuine and counterfeit goods. Cost depends on product type and depth of analysis. |
| Translations / notarisation / apostille | €100–€600 | Covers certified translation of IP certificates, foreign affidavits and POA apostille fees. |
| Customs AFA / recordal | Modest administrative cost | Filing the AFA itself incurs minimal fees. May require appointment of a local customs representative. eAFA via IPEP reduces processing friction. |
| Enforcement / bailiff execution fee | Statutory set fees (modest) | Covers service of the order and physical seizure. Police coordination costs are borne by the state. |
| Security bond (if court‑ordered) | Discretionary | Amount set by the court. May be a bank guarantee or cash deposit. Ranges widely depending on the value of goods and risk assessment. |
Two developments in 2026 materially affect how rights‑holders pursue urgent interim measures in Greece.
EUIPO IP Enforcement Portal (IPEP) rollout. On 27 February 2026, the EUIPO presented the IPEP at a national training event in Athens, bringing together Greek customs officials, police, prosecutors and rights‑holder representatives. The IPEP provides a single digital platform for filing electronic Applications for Action (eAFA), sharing intelligence across EU enforcement authorities, and coordinating cross‑border seizures. The likely practical effect for injunction applicants is faster customs coordination after a court order issues: rights‑holders can now update their customs recordal digitally, share court orders with multiple enforcement agencies simultaneously, and track the status of detained consignments in real time.
Greek administrative and legislative measures (2026). Greece has introduced administrative measures in 2026 that strengthen market monitoring and increase financial penalties within certain administrative enforcement frameworks. Industry observers expect these measures to influence the tactical calculation between pursuing purely administrative or customs‑based action versus civil interim relief. They may also affect the quantum of the security bond that courts require, as higher administrative penalties alter the respondent’s risk profile. Applicants should reference these developments in their applications where relevant to the urgency and proportionality analysis.
This article was produced by Global Law Experts. For specialist advice on this topic, contact Stavroula Politi at Dr. Helen G. Papaconstantinou & partners law firm, a member of the Global Law Experts network.
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