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 51 to the Greek ordre public . The basic argument in favor of this opinion is that, although the grounds of the courts’ judgments are constitutionally guaranteed (article 93 par. 3 Constitution 1975/1986/2001), the judgments that do not state the grounds are not nonexistent (article 313 Code of Civil Procedure), on the contrary they are enforceable except if legal remedies have been lodged. 2. The recognition or the enforcement of a foreign judgment is not excluded in case the foreign judge applied a different substantive law from the one that would be applicable according to the Greek private international law rules. The declaration of the enforceability of a foreign judgment is only obstructed when the concrete rule applied by the foreign judge is incompatible to the fundamental principles of the Greek legal order. According to the Areios Pagos case-law 31 , a foreign judgment is contrary to the Greek ordre public when its consequences are directly contrary to the valid in Greece fundamental principles, concerning the social, moral, economic, political and other common concepts that regulate the lives of people in the Greek territory. A foreign judgment could be considered as contrary to the Greek material public order and thus non-enforceable, if for example its con- sequences violate individual rights protected by provisions of the Greek Constitution or if it condemns the defeated party to do something that according to the Greek law would be criminal. Closing my text let me add that as far as the enforcement of judg- ments in the frame of EU Regulations is concerned, the situation in Greece is identical with that in every Member State of the European Union. 31 Areios Pagos 108/2001, Dike 32 (2001) 765, comments by K. Beys , 768 ff.
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