Cyprus-Forum.com

[RAFAELLA]

Turkish Press

European court deals heavy blow to KKTC in property case

The European Court of Justice (ECJ) ruled yesterday that a British couple ordered by a Greek Cypriot court to demolish their vacation house in Turkish Cyprus is bound by the ruling, a move expected to deal a heavy blow to the Turkish Cypriot real estate sector.

The couple, David and Linda Orams, has been in a legal battle for their dream home since 2004, when a court in Greek Cyprus said the house they built near Girne must be demolished because it was built on land owned by a Greek Cypriot prior to 1974, when many Greek Cypriots had to flee following a Turkish military intervention. The Lefkoşa court ordered the couple to tear down the house and pay rent to the Greek Cypriot land owner, Meletis Apostolides, for the period they occupied the property.

The ECJ said yesterday that this ruling must be "recognized and enforced" in Britain because both Greek Cyprus and Britain are members of the European Union. The court said the ruling is binding even though the EU laws are not applicable in Turkish Cyprus.

Greek Cyprus joined the EU in May 2004 representing the entire islandö but EU laws are not applicable in northern Cyprus, governed by the Turkish Republic of Northern Cyprus (KKTC). Recognized only by Turkey, the KKTC is suffering from restrictions on trade with the outside world and had high hopes that property sales to foreigners would bring in the much needed boost to the dormant economy. With potential European buyers told to stay away from the Turkish Cypriot property market, pessimism among Turkish Cypriots for a recovery in the economy, already deteriorating due to the impact of the global financial crisis, is likely to grow.

"This is some sort of a disaster," said Başaran Düzgün, a Turkish Cypriot journalist. "There are thousands of foreign investors in the KKTC. This ruling will badly affect the real estate sector," he added.

More than 10,000 foreigners, the majority of whom are Britons, are estimated to own property in Turkish Cyprus, a calm Mediterranean spot offering property at lower prices than the Greek Cypriot-controlled south. The foreign investments in property are estimated to have injected $1-2 billion into the Turkish Cypriot economy over the past years.

Disillusioned by the lack of progress in Cyprus reunification efforts and the EU failure to keep its promise to ease the isolation of Turkish Cypriots after they voted for a UN plan to reunite the island, Turkish Cypriots voted in the parliamentary elections this month to bring back to power the nationalist National Unity Party (UBP). The UBP has called for a two-state solution in the island, a non-starter for the Greek Cypriots. Analysts say the UBP's victory could undermine the ongoing reunification talks between Turkish Cypriot leader Mehmet Ali Talat and Greek Cypriot leader Dimitris Christofias.

Hasan Erçakıca, the spokesman for Talat, said the ECJ ruling in the Orams case would have negative consequences, including on the Cyprus talks. Talat will meet with representatives of the KKTC political parties to assess the court's ruling today, he said.

Erçakıca said the ruling raised questions on whether the Cyprus talks were based on the premise of bi-zonality, a principle endorsed by the UN because it implies the Greek Cypriot administration has control over property in Turkish Cyprus. "In this case, maybe we will need to sit down [with Christofias] and talk again about what we understand as bi-zonality," he told a press conference.

Property rights are one of the more sensitive aspects of the latest round of reunification talks between Talat and Christofias.

By filing the case in British courts, Apostolides is effectively attempting to foreclose on the assets of the Britons on their own turf. The Greek Cypriot court verdict is practically impossible to implement in Turkish Cyprus, thus allowing the plaintiff to seek legal remedy elsewhere.

Although Apostolides won the case in the Greek Cypriot court in 2004, a British court later backed the British couple, which said EU laws and verdicts by Greek Cypriot courts were not enforceable in the north, where Greek Cypriots do not exercise effective control. The Luxembourg-based ECJ overturned the British court’s decision.

29 April 2009, Wednesday

http://www.todayszaman.com/tz-web/detay ... &bolum=100

[paliometoxo]

thats great news

[Oracle]

Although Apostolides won the case in the Greek Cypriot court in 2004, a British court later backed the British couple, which said EU laws and verdicts by Greek Cypriot courts were not enforceable in the north, where Greek Cypriots do not exercise effective control. The Luxembourg-based ECJ overturned the British court’s decision.

Shame on the BadBrits!

Where's their loyalty to a fellow EU-member state?


I hope they now appreciate being shown how wrong their judgements are in the light of an unbiased verdict at the ECJ.

Time for a demonstration of that famed British Diplomacy, by issuing a National apology for such insulting behaviour?