Simplified procedure via the Electronic Solvency Register (District Civil Court of Samos 48/2022).
The non-fixing of a hearing in open court is justified due to the nature and subject matter of these cases.
A small-object bankruptcy petition was accepted by the Samos District Court in the simplified procedure via the Electronic Solvency Register (ESR) (District Civil Court of Samos 48/2022).
According to the reasoning of the court, in relation to the procedure for judging cases such as the present one, both from the wording of article 173 of Law 4738/2020, and from its statement of grounds, it is concluded that, in cases where the petition has been filed by the debtor and any (additional) intervention concerns the appointment of a trustee, the clear intention of the legislator in these trials during the simplified bankruptcy procedure at the Magistrate’s Court is to create a written procedure and avoid a public hearing.
The non-fixing of a hearing in open court is justified due to the nature and subject matter of these cases. From the written judicial process without orality, with all the supporting documents attached to the petition or submitted with the pleadings, which have been obtained from the electronic platform, and the complete presentation of the debtor’s asset, tax and banking “profile” who is to the brink of bankruptcy, the procedural possibilities and opportunities the parties would have had do not decrease, if they had asserted their pleas and had assessed their evidence in open court.
The court pointed out that the publication of the petition in the Electronic Solvency Register (ESR), the formal registration of the case in a docket naming the judge in the particular case, and of publicity, its posting in the premises of the court, on the ESR and on solon.gr, fulfill the requirement of publicity of the trial in its aspects both towards the parties and towards third parties.
Therefore, according to the court’s reasoning, if (a) the applicant is the debtor himself and no intervention has been made or (b) an (additional) intervention has been made which concerns only the appointment of a trustee, the procedure is considered to have been completed after the passing of 30 days after the publication pursuant to article 173 of the law, whereupon the registrar closes the file, without any pleadings having been filed, notwithstanding, due to the specificity ,the provisions of article 115 para. 3 of the Code of Civil Procedure, and a judgment shall be issued.
Source: lawspot.gr
See the entire decision at dsanet.gr.