The following are excluded from the application of the code:
- Claims from contracts that have already been terminated before 1.1.2015,
- Claims against a borrower that do not exceed any of the limits under (a) and (b) below:
(a) the amount of one thousand (1,000) euros, in the case of claims against natural person borrowers, calculated as the sum of the borrower’s debts to the institution or
(b) the amount of five thousand (5,000) euros, in cases of borrowers of legal entities – very small businesses, calculated as the sum of the borrower’s debts to the institution.
- Claims against legal entities that are not “very small enterprises”.
Furthermore, the Company is not obliged to initiate or may suspend or suspend the already initiated Delay Resolution Procedure (D.E.K.):
- When the borrower has submitted an application for out-of-court settlement of debt in accordance with par. 1 of article 8 of n. 4738/2020 or when the Company has notified the debtor of an invitation for out-of-court debt restructuring in accordance with par. 2 of article 8 of n. 4738/2020 and for the period of time until the termination of the procedure as fruitless for any reason,
- When a debt restructuring contract has been signed, which is not subject to the consent of the State or Social Security Agency, and the Company or the claimant is a creditor in possession or results are produced for the Company or the claimant pursuant to par. 2 of article 5 of n. 4738/2020,
- When the borrower or the Company or another creditor has submitted an application for the validation of the borrower’s consolidation agreement and if it is validated or concluded in accordance with article 41 of Law. 4738/2020 or par. 5 of article 103 of n. 3588/2007, as par. 1.a) of article 265 of n. 4738/2020 defines, and is binding for the institution,
- When the borrower or the Company or another creditor has submitted an application to declare the borrower bankrupt and for the period until its possible rejection,
- When the borrower has submitted an application for inclusion in the procedure of n. 3588/2007 or of n. 3869/2010 or of n. 4605/2019 or of n. 4469/2017, which is pending, or pending the issuance of a court decision or the procedure itself, or when the debtor has been subject to the procedure of article 68 of Law 4307/2014, which is pending,
- When approx. e) of par. 3 of article 7 of n. 4738/2020,
- When the borrower-legal entity has been placed in liquidation,
- When it concerns claims against a borrower, against whom third party creditors have initiated legal actions to secure debts owed to them.