Revista da EMERJ - V. 21 - N. 2 - Maio/Agosto - 2019

 R. EMERJ, Rio de Janeiro, v. 21, n. 2, p. 40-51, Maio-Agosto, 2019  49 Ordre Public In Greek law, the control of whether a party was not deprived of the right to defense, before the foreign court, is complemented with the ordre public control. It is pointed out that the recognition of foreign ex parte judgments is possible, provided that “the foreign judge does not ap- pear as having tried inconsiderately all those that had a legal interest to be heard, either nationals of the State or not” 23 , since in that case the judg- ment would be contrary to the ordre public 24 . A basic requirement for a foreign judgment to be declared enforce- able, is that it must not be contrary to the bonos mores or the ordre public of the State of enforcement (articles 323 no 5, 905 pars. 2-3 Code of Civil Procedure). It is not possible to deny the recognition or the declaration of enforcement of a foreign judgment, on the ground that it would be contrary to the ordre public of a third State. Ordre public is an indeterminate concept, which becomes determi- nate in concrete cases and not beforehand. According to the Greek au- thors, followed by the case-law, a foreign judgment is contrary to ordre public when its enforcement would cause circumstances incompatible to the moral, state or economic order of Greece 25 . The reasons, for which a foreign judgment would be contrary to ordre public, could be either of procedural or of material law 26 - verfahrensrechtlicher ordre public and materiell- rechtlicher ordre public . 1. For a foreign judgment to be considered as contrary to the Greek procedural ordre public , it is not enough that procedural principles of the Greek procedural law have been violated; the violated principles must be the fundamental ones of a State of law, concerning the civil procedure and the infrastructure of the Greek procedural ordre public 27 . Such fundamental principles are the principle of the judge’s independence and impartiality, 23 G. Maridakis , The enforcement of foreign judgments [ in Greek ], 3d edition, Athens 1970, 64. 24 Ath. Pouliadis, Die Bedeutung des deutsch-griechischen Vertrages vom 4.11.1961 für die Anerkennung und Vollstreckung deutscher Entscheidungen in der griechischen Praxis , Athen-Komotini 1985, 29. 25 P. Gesiou-Faltsi , International enforcement of judgments [ in Greek ], Athens – Thessaloniki 2006, 120. 26 K. Kerameus , Improving the Procedures for the Recognition and Enforcement of Foreign Judgments and Arbitral Awards, Studia Juridica III , 1995, 455. 27 P. Faltsi, International enforcement of judgments [ in Greek ], Athens – Thessaloniki 2006, 122.