Payment Order

Payment Order: Speed and Efficiency for Commercial Enterprises
A payment order is one of the most widely used and effective legal tools for judicial debt recovery. Particularly for companies and businesses, the payment order provides an immediate solution for the collection of unpaid invoices, which often constitute a significant portion of their receivables.

Conditions for Issuing a Payment Order

According to the Greek Code of Civil Procedure (Articles 623-636), the issuance of a payment order is based on two fundamental conditions:

1. Proof of Claim: The claim must be substantiated by a public or private document.

2. Clear and Definite Obligation: The claim must not be subject to conditions, terms, or counter-performance, and the amount must be specified and definite.

The Legal Concept of “Document”

For a private document to have probative value, it must bear the handwritten signature of its issuer, namely the person assuming the obligation (Article 433 CCP). The term “document” also includes mechanical representations (Article 444 CCP), such as data recorded on electronic devices, provided they can establish legally significant facts.

Payment Orders for Corporate Invoices

When the issuer of an invoice is a legal entity, case law requires additional documentation proving that the signatory is either the legal representative of the entity or a person explicitly authorized by them. This evidence is essential for the successful issuance of a payment order.

E-Invoicing and Legal Framework

Although electronic invoicing was initially introduced to facilitate business operations, it has now become mandatory through the myDATA platform (Law 4174/2013). Exceptions apply only to small businesses with annual revenues under €50,000.

An electronic invoice, as defined by Law 4308/2014, is any invoice issued and received in electronic form. Businesses are required to ensure the authenticity and integrity of the invoice’s content.

Payment Orders from Electronic Invoices

Despite technological advancements, the Code of Civil Procedure has not yet fully aligned with electronic invoicing practices. However, businesses can adapt their procedures to meet the following conditions:

1. Electronic invoices must meet the requirements of a “private document” (Article 444 CCP).

2. Evidence of the counterparty’s acceptance of the invoice must be provided, in accordance with Article 443 CCP.

The legal team at Economou & Economou Law Office, with extensive experience in commercial law, specializes in assisting companies to ensure compliance with these requirements. Recognized as the leading legal advisors in corporate law in Greece according to Lawzana, we offer fast and effective solutions for issuing payment orders in Greece, whether for paper or electronic invoices.

For tailored legal advice about payment orders in Greece, contact our law office via tel: (+30) 2103603824 via email at: econlaw@live.com or fill out our contact form for a first consultation.

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