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  50 the principle of hearing of both sides 28 , the principle of the parties’ equal treatment, the principle of due process, etc. According to the majority opinion in Greek legal theory, rather followed by case-law too, the respondent abroad may claim before the Greek court which has to decide on the enforcement of a foreign judgment that has violated fundamental rules of the Greek procedural law, that it is contrary to the Greek ordre public , only when this default could not have been invoked by appeal before the foreign courts. The fact that issues of the law of evidence are treated differently abroad, does not constitute by itself a reason for non-recognition of a foreign judgment, considering it as contrary to the Greek procedural ordre public . For example, the fact that the foreign court took into account testimonies of witnesses who, according to the Greek procedural law would be exempted, or the fact that it did not take into account testimonies by witnesses who, according to the Greek procedural law would not be exempted, cannot be an obstacle to the declaration of enforcement of a foreign judgment, claiming that it would be contrary to the Greek ordre public . Neither the different distribution of the burden of proof, nor the valuation of evidence according to procedural rules that are different to the respective Greek procedural rules, could lead to that result 29 . Likewise, when a foreign judgment was issued, based on evidence brought during the pretrial discovery, according to the Greek theory it should not be denied enforcement in Greece. Concerning the specific issue of whether a foreign judgment which does not state the grounds that led to it, can be declared enforceable in Greece or should be considered as contrary to public order, Greek authors support both answers 30 , while Greek case law is rather positive, except in cases where non stating the grounds could cover a deprivation of the right to defense or a settlement of the dispute that would be contrary 28 A. Anthimos , Der prozessuale ordre public bei der Anerkennung und Vollstreckung ausländischer Gerichtsentschei- dungen nach deutschem und griechischem Zivilprozessrecht und nach dem Europäischen Gerichtstands- und Volls- treckungsübereinkommen, in: Harmonisierungsprobleme im Europäischen Wirtschaftsrecht (Hrsg. A. Anthimos/M.-A. Delp/H. Harazim), 2000, 11, 67-75. 29 P. Gesiou-Faltsi, International enforcement of judgments [ in Greek ], Athens – Thessaloniki 2006, 125. 30 G. Maridakis , The enforcement of foreign judgments [ in Greek ], 3d edition, Athens 1970, believed that in such a case, there would be an obstacle to the enforcement of the foreign judgment. Other authors believe that the judgment could be enforced.