Greek Supreme Court bars seizure of primary homes when other assets exist

The Council of State issued a ruling that blocks the confiscation and forced auction of a debtor’s primary home when the individual possesses additional assets that could satisfy the public debt. The judgment applies to obligations owed to the state, tax authority, municipalities, insurance funds and other public legal entities under the Public Revenue Collection Code. It also grants debtors the right to challenge the seizure at any point in the auction procedure, extending the previously limited opportunity to contest only the initial seizure notice.

In a precedent case, a 162-square-meter duplex in Moschato, owned equally by a company director and his wife, was removed from the auction list after the court deemed the action unconstitutional and disproportionate. The state’s subsequent appeal was dismissed by the Administrative Court of Athens, which affirmed that the seizure violated principles of good administration and proportionality. The Council of State reaffirmed that protecting the family home is a constitutional duty and that any measure depriving it must be shown to be absolutely necessary after exhausting less severe options.