Cyprus-Forum.com

[joe]

Cyprus villa fight to go to European court
Times Online and PA
http://business.timesonline.co.uk/tol/b ... 949552.ece

The Lord Chief Justice indicated today he will refer a legal fight over a retired British couple’s dream holiday home in Cyprus to the European Court of Justice.

Landowner Meletios Apostolides had taken the case to the Court of Appeal after David and Linda Orams won a High Court ruling that two judgments of the District Court of Nicosia in the Athens-backed Republic of Cyprus could not be enforced.

Mr Apostolides, who had fled during the 1974 invasion by Turkey in response to a military coup on the island, had owned the plot on which the Orams had built their villa at Lapithos in the Turkish-controlled north of the island.

Mr Oram, 62, and his 60-year-old wife moved into the villa in 2003, but the following October they were served with a claim by Mr Apostolides.

The judgment later won in Nicosia by Mr Apostolides, capital of Greek-controlled Cyprus, ordered them to demolish the villa, return the land and pay him damages.

This had no legal force in the Turkish Republic of Northern Cyprus which does not recognise the Republic of Cyprus, so his lawyers used EU legislation to apply to the High Court in London.

The couple’s counsel, Cherie Booth, QC, had argued that they bought the land from the registered owner in accordance with the laws and land registry system of the Turkish-controlled north.

Today, Lord Phillips, the Lord Chief Justice, sitting with Lords Justices Auld and Tuckey, gave her until tomorrow morning to submit questions which will be referred to the Luxembourg court.

Tom Beazley, QC, representing Mr Apostolides, was asked to submit his questions for the judges in Europe.

The case was adjourned until tomorrow.

[souroul]

GREEK CYPRIOT refugee Meletis Apostolides yesterday recorded a major victory in the Orams vs Apostolides court case, after the top judge in the UK announced the case would be referred to the Court of European Communities.

Yesterday’s decision, described by Apostolides’ lawyer as a “major triumph”, means that the previous ruling in favour of British couple Linda and David Orams would not stand.

According to Judge Lord Philips, the Lord Chief Justice, a number of legal points would be referred to the Court of European Communities for interpretation. The court was yesterday adjourned for the two sides to agree on the points to be referred.

Apostolides had lost his battle to win back his property in the north through the courts in September 2006 after a UK judge ruled that an earlier Nicosia court decision to evict the British couple that had illegally built a villa on his Lapithos property was unenforceable due to protocol 10, which suspends the acquis for the north.

Speaking to the Cyprus Mail from London, Constandinos Candounas, Apostolides’ lawyer, said that this was a great day for his client.

“This is amazing news for us. This was our main target at the start of the day; this is the only reason we came to London. After the judge’s announcement, the previous ruling basically disappears,” he said yesterday.

If the two camps do not agree on the exact points to be referred to the Court of European Communities, each side would present its own draft that would be given to the judge for him to make the final decision.

The Orams are being represented by Cherie Blair, the wife of outgoing British Prime Minister Tony Blair, a fact that had given the case increased publicity in the past.

According to the Apostolides camp, the reasoning of initial ruling was coherently flawed, as the judge had made a “complete and utter mistaken interpretation” in its application of protocol 10 of Cyprus’ accession treaty.

The protocol had been added to Cyprus’ accession treaty because the Cypriot government did not want to be held responsible by the EU for events that happened in the north outside of its control, leading the London High Court judge to rule that British, Cypriot and other EU courts held no jurisdiction over the north.

The importance of the case was evident from the outset, as the Lord Chief Justice – the Head of the Judiciary of England and Wales – was appointed as the judge for the case.

The court resumes tomorrow at 10 am UK time, with a final decision expected either today or on Wednesday


booya