Out-of-court notice claiming a price reduction or ending the sale of faulty goods (Greece)

Published byDocMuse

The second step when the seller has not repaired or replaced faulty goods, has refused, or the fault has come back: the buyer in Greece claims a proportionate price reduction or ends the sale and asks for the whole price back (arts. 545 and 546 of the Greek Civil Code, as rewritten by Law 4967/2022). It is drafted as an out-of-court notice (εξώδικη δήλωση) served by a court bailiff, whose report of service proves what was declared and when — which is what a court will ask for if it comes to that. It states the sum, the IBAN and that returning the goods is at the seller's expense.

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Common questions

When can a buyer in Greece claim a price reduction or end the sale instead of a repair?

When the seller has refused repair or replacement or said it will not carry them out, when it has not put the fault right fully and properly, when the same or another lack of conformity has appeared again, when the fault is so serious that it justifies a reduction or ending the sale straight away, and when it showed within 30 days of delivery and the seller was told without undue delay (art. 545 of the Greek Civil Code, since Law 4967/2022). As a rule, repair or replacement comes first.

Why is the Greek price-reduction or termination notice served by a court bailiff?

Because the reduction or termination takes effect when it reaches the seller, and the bailiff's report of service proves beyond dispute what was declared and when. That is the document a court will ask for if the dispute ends up there. The buyer signs the notice and hands it to a court bailiff (δικαστικός επιμελητής) in the district where the seller is, who serves it for a fee.

Can a Greek seller refuse to take the goods back because the fault is minor?

The buyer may end the sale only for a substantial lack of conformity; for one that is not substantial, only the price can be reduced. It is for the seller to prove that the lack of conformity is not substantial (art. 545 of the Greek Civil Code). The reduction is worked out in proportion to the difference between the value of the faulty goods and what they would be worth if they conformed to the contract (art. 546).