Wahey, not binding but a big step in the only right way forward
http://www.hurriyet.com.tr/english/worl ... sp?gid=244
Top EU legal advisor backs return of Turkish Cyprus property
The EU court's top legal adviser on Thursday backed the right of Greek Cypriots to reclaim properties in Turkish Cyprus that they abandoned after Turkey's military intervention, and which were later sold to foreigners, AFP reported.
Top EU legal advisor backs return of Turkish Cyprus property
The European Court of Justice advocate general, whose opinion is not binding but is usually adopted by the EU's courts, supported the claim of a Greek Cypriot to receive restitution from a British couple who built a holiday home on land he left.
In 2005 a court in Nicosia ordered Linda and David Orams to demolish their villa, built on land they purchased from Turkish Cypriots, and pay compensation.
The property’s former owner, Greek Cypriot Meledis Apostolides took the case to a British appeal’s court in order to have the order enforced.
The British court sent the case to the EU court in Luxembourg for a ruling on the complicated issue of whether the ruling by the Greek Cypriot court is applicable in the Turkish north.
Advocate General Julianne Kokott said that "a judgment of a court of the (southern) Republic of Cyprus must be recognized and enforced in other (EU) member states even where it relates to land in northern Cyprus".
If the EU court accepts the advocate general’s reasoning then many in the island's south will have an enhanced legal claim on their former properties.
Cyprus has been divided since 1964 when Turkish Cypriots were forced to withdraw into enclaves. In 1974, Turkish army intervened on the island after violent attacks targeted Turkish Cypriots. Property issues remain one of the sticking points in the renewed peace talks which re-launched in September.