BRIEFING: The court case known as ORAMS
The court case known as ORAMS, that will affect the property issues and mainly thousands of foreigners that bought property from the north, is now waiting for the deliberations of the Judges.
For the briefing of the public opinion, below, you will find quotes from Advocate General’s Opinion that was delivered to the Judges of the Court of Justice of the European Communities on 18 December 2008
IN ADVOCATE GENERAL KOKOTT’S OPINION, A JUDGMENT OF A COURT OF THE REPUBLIC OF CYPRUS MUST BE RECOGNISED AND ENFORCED IN OTHER MEMBER STATES EVEN WHERE IT RELATES TO LAND IN NORTHERN CYPRUS
Advocate General’s Opinion in Case C-420/07
Apostolides v Orams
The Advocate General’s Opinion is not binding on the Court. The Judges of the Court of Justice are now beginning their deliberations in this case.
“The Advocate General’s Opinion is not binding on the Court. It is the role of the Advocates General to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible. The Judges of the Court of Justice are now beginning their deliberations in this case. Judgment will be given at a later date.”
The recognition and enforcement of the judgment of the District Court of Nicosia in the United Kingdom does not, however, require the application of the regulation in the northern part of Cyprus.
“Advocate General Kokott refers to the fact that the suspension of Community law in the northern area of Cyprus was intended to enable the Republic of Cyprus to accede to the EU, following the failure of the negotiations on reunification to reach a successful conclusion. The intention was to avoid a situation in which the Republic of Cyprus, as a Member State, infringed Community law because it could not ensure the application of Community law throughout the territory of that State. The recognition and enforcement of the judgment of the District Court of Nicosia in the United Kingdom does not, however, require the application of the regulation in the northern part of Cyprus. Rather, it is the courts of the United Kingdom alone which require to act.”
District Court of Nicosia has jurisdiction in relation to the property disputes in northern part of Cyprus.
“Advocate General Kokott is, moreover, of the opinion that the District Court of Nicosia has jurisdiction in relation to the property dispute irrespective of the fact that the Republic of Cyprus does not exercise effective control over Northern Cyprus. In addition, the fact that the judgment cannot actually be enforced at this time does not, in the Advocate General’s opinion, relieve courts in other Member States from the obligation to recognise and enforce the judgment.”Ali Erel
President - Cyprus EU Association