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ECS Ruling
The British Court of Appeal issued on 19 January 2010 its final judgement in the case of Apostolides v Orams, allowing the appeal by Mr Apostolides and ordering the registration and enforcement in Britain of the 2004 Nicosia District Court decision.
Mr Apostolides had brought a civil case against a British couple who had constructed a holiday home onto his property in the occupied northern part of Cyprus. The Cypriot court ruled that the Orams were trespassing onto Mr Apostolides land and ordered them to demolish the buildings erected on the property, surrender vacant possession to Mr Apostolides and pay damages.
The British Court of Appeal unanimously accepted and followed the European Court of Justice’s preliminary ruling, holding that under Regulation (EC) 44/2001 the decision of the Cypriot Court in a civil matter had to be implemented in the UK.
The European Court of Justice confirmed that a judgment of a Court in the Republic of Cyprus must be recognized and enforced by the other member states, even if it concerns land situated in the northern part of the island, over which the Government of the Republic of Cyprus does not at present exercise effective control.
The judgement of the European Court of Justice is binding on the courts of all member states.
The case confirms the jurisdiction of the Cypriot courts over the whole territory of the Republic of Cyprus and reinforces the property rights of the displaced owners. It means that a displaced owner can effectively seek a legal remedy against anyone using his property without his consent, turning against his assets in any country in the European Union.
Related Links
Judgement of the British Court of Appeal in the case of Meletios Apostolides v David and Linda Orams – Background paper
28-04-2009 European Court of Justice ruling
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