EU must obey Nicosia's rulings, even in north Cyprus, EU court says

(Earth Times) - Luxembourg - European Union member states must enforce rulings by courts in the Greek half of Cyprus even if they cover property in the Turkish-controlled north of the island, the EU's highest court ruled on Tuesday. "A judgment of a court in the Republic of Cyprus must be recognized and enforced by the other (EU) member states even if it concerns land situated in the north of the island," the European Court of Justice said in a statement. The ruling comes in a complex legal dispute pitting a British couple, David and Linda Orams, against a Greek Cypriot, Meletis Apostolides, whose family was forced to leave Northern Cyprus during the Turkish invasion of 1974. Apostolides sued the Orams for buying his family's land from an unnamed third party and building a holiday home on it, demanding that they give him the land back and pay him rent. A Cypriot court backed Apostolides' claim, ordering the Orams to leave the land and pay him damages and costs. Apostolides then took that ruling to Britain, demanding that the British courts enforce it. Tuesday's precedent-setting ruling means that the British courts will have to accept Apostolides' demand, even though there is no way for the Cypriot court to enforce its judgment on the divided island. "The fact that the land concerned is situated in an area over which the government does not exercise effective control ... does not preclude the recognition and enforcement of those judgments in another member state," the court statement said.

Το ΔΕΚ δικαίωσε το Μελέτη Αποστολίδη στην υπόθεση Όραμας

(Phileleftheros) - Λουξεμβούργο: Το Δικαστήριο Ευρωπαϊκών Κοινοτήτων δικαίωσε σήμερα το Μελέτη Αποστολίδη στην υπόθεση εναντίον του ζεύγους Όραμς. Ο Αποστολίδης είχε κινηθεί νομικά εναντίον του ζεύγους Όραμας επειδή είχαν ανεγείρει οικία σε γη που του ανήκει στην κατεχόμενη Κερύνεια και αρχικά δικαιώθηκε από κυπριακό δικαστήριο. Ωστόσο, πρωτόδικη απόφαση βρετανικού δικαστηρίου υποστήριζε ότι αυτή δεν μπορούσε να εκτελεστεί από τη βρετανική δικαιοσύνη.

Ο Αποστολίδης εφεσίβαλε την απόφαση με αποτέλεσμα το Εφετείο της Βρετανίας να αποστείλει στο Δικαστήριο Ευρωπαϊκών Κοινοτήτων την υπόθεση για τη λήψη τελικής απόφασης.

Σε δηλώσεις του από το Λουξεμβούργο, ο δικηγόρος του Ελληνοκύπριου Μελέτη Αποστολίδη, Κωνσταντής Καντούνας, είπε πως η απόφαση είναι 100% υπέρ των θέσεων του κ. Αποστολίδη.

Greek Cypriots 'can reclaim land'

(BBC) - A European court has backed the right of a Greek Cypriot to reclaim land in Turkish-controlled northern Cyprus that has since been sold to a UK couple.

Meletis Apostolides was one of thousands of Greek Cypriots who fled his home when Turkish forces invaded in 1974, following a Greek-inspired coup.

The land was later sold to Linda and David Orams, who built a villa on it.

The European Court of Justice says a ruling in a Cypriot court that the villa must be demolished is applicable.

Even if the ECJ ruling cannot be enacted because the land is under Turkish Cypriot control, it means Mr Apostolides will be able to pursue a claim for compensation in a British court.

It could also open the way for hundreds more Greek Cypriots to demand restitution for properties they were forced to flee.

British Couple Must Demolish Cyprus Home, EU Top Court Says

(Bloomberg) -- A U.K. couple ordered by a Southern Cyprus court to demolish their holiday home in the northern part of the island, are bound by the ruling, the European Union’s highest court said.

The European Court of Justice in Luxembourg today said that a judgment from a judge in the Republic of Cyprus in the south must be recognized by EU countries even if it concerns land in the northern part of the island.

Linda and David Orams, a retired British couple have been entangled in litigation across Europe since the court’s 2004 order. Their dispute took a twist when London’s Court of Appeal in 2007 questioned whether the ruling could be enforced in Northern Cyprus, an area recognized only by Turkey and not part of the EU.

The ruling, which can’t be appealed and has to be followed by the U.K. court, has implications for thousands of Britons who own property in Northern Cyprus. The Orams, from Hove, England, said they invested 160,000 pounds ($230,000) in their holiday home in Lapithos, a region in the north occupied by Turkish troops in 1974.

The Cypriot court ordered the Orams to tear down their property in the Turkish Republic of Northern Cyprus, return the land and pay damages to Meletis Apostolides, an architect whose Greek Cypriot family originally owned the land.

Apostolides applied to have the judgment recognized in the U.K. which would allow him to seize the couple’s assets. He argued that since the U.K. and Cyprus were both EU member nations, the ruling was enforceable across the region.

The case is C-420/07 Apostolides v Orams.