Cyprus-Forum.com

[insan]

The Wall Street Journal
EUROPE NEWS
April 28, 2009, 10:39 A.M. ET

Court Ruling Complicates Cyprus Peace Talks


By CHARLES FORELLE


BRUSSELS -- Europe's highest court ruled Tuesday that judges in Cyprus
can compel the return of land seized after the Turkish army invaded
the northern part of the island in 1974.


The ruling in the closely-watched case could spur more judicial land
moves --and rattle delicate peace talks aimed at unifying the divided
island, in which decades-old property claims are a difficult and
emotional obstacle.


The Cyprus peace talks have ramifications well beyond the island: The
European Union has made clear that Turkey won't be admitted to the
bloc until Cyprus is reunified.


The partition of Cyprus caused more than a hundred thousand Greek
Cypriots to abandon land in the north and flee south. The northern
half of the island is now controlled by the self-declared Turkish
Republic of Northern Cyprus, which is generally not recognized by
international bodies.


The ruling by the European Court of Justice in Luxembourg concerns a
Greek Cypriot, Meletis Apostolides, who sued in 2004 in a Cyprus court
for the return of land his family abandoned after the invasion.


By that time, the property -- in Lapithos, a village renowned for its
lemons on Cyprus's northern coast -- had been bought from a Turkish
Cypriot by a British couple, Linda and David Orams. The Oramses made
it a vacation home, building a villa and a pool.


The Cyprus district court -- in the Greek Cypriot region -- ordered
Mr. and Mrs. Orams to knock down their house, return the land to Mr.
Apostolides and pay him rent.


Cyprus has long said land abandoned by Greek Cypriots after the
invasion remains their property; the smaller number of Turkish
Cypriots who fled north say the same thing about property in the
south.


The issue is at the heart of peace talks between the Greek Cypriot
president and the leader of the Turkish Cypriots, ongoing since last
September. The two are far apart on the issue; the Greek Cypriots say
all property claims by original owners should be honored. The Turkish
Cypriots call for an independent commission to sort out claims.


The European Commission, the EU's executive arm, raised concerns in
court that allowing the order to be enforced against the Oramses could
upset the peace talks.

The Apostolides case presents a particularly significant wrinkle
because the couple living on the land is British -- and thus, unlike
Turkish Cypriots, potentially within the reach of Cyprus's law. The
relatively unspoiled north has become popular with expatriate Britons.
A census by Turkish Cypriot authorities in 2006 counted 2,700
permanent residents in the north who are U.K. citizens, and more
temporary residents.


Mr. Apostolides sued in a British court to compel enforcement against
the Oramses, arguing that EU law requires the U.K. to recognize court
rulings in fellow member states.


He lost. He appealed, and the British appellate court asked the
European Court of Justice to determine whether a court in Cyprus can
issue a judgment concerning land in north, which the Cyprus government
doesn't control.


The case has taken on a high profile. The Oramses have been
represented by Cherie Blair, the wife of the former British prime
minister. British residents in the north are worried.


"The people who will be especially nervous are people who have
property in the EU," says Mike Bezzant, who worked for a computer
company before retiring five years ago to a house on a hill in north
Cyprus overlooking the Mediterranean. He points out that similar
problems could crop up for people living on formerly-Turkish property
in the south.

Cyprus became a member of the EU in 2004, but with a special proviso
that EU law doesn't apply in the region controlled by Turkish
Cypriots.


But the Court of Justice, the final authority on EU law, said that
didn't matter. The court that issued the judgment against the Oramses
sits in the Greek Cypriot region, the Court of Justice ruled, so EU
law -- which compels EU countries to recognize each others' court
judgments -- applies to it. That Cyprus has no control over the
property in question "does not mean that such a judgment is
unenforceable," the court said.


The case now returns to the UK Court of Appeal.


http://online.wsj.com/article/SB124091203150163129.html

[humanist]

Cyprus cannot be compromised any more than it already is.

[kurupetos]

Europe's highest court ruled Tuesday that judges in Cyprus
can compel the return of land seized after the Turkish army invaded
the northern part of the island in 1974.

Enough said! Goodnight!

[Oracle]

It's only the Turks it's rattling!

Offering 'tea or coffee' would "complicate" matters for Turks!

[T_C]

This hasn't bothered many TCs that I know...it's the government we're after...not peoples homes...

[Hatter]

This hasn't bothered many TCs that I know...it's the government we're after...not peoples homes...

which "government" are you after, T_C ?

[Oracle]

This hasn't bothered many TCs that I know...it's the government we're after...not peoples homes...

The only riches you say these last 35 years have been from illegally selling GC homes ... so now that's all of a sudden not what you're after?

Hypocrites ... what can you find to bleed the RoC of now?

[rawk]

This is an interesting view from an North Cyprus Forum. If this court judgement pushes the north into Turkish annexation, the EU writ will therefore no longer apply.

Somebody once said, be careful what you wish for.

The quote starts here.

What Happens Next ?

1. It should be noted that the judgment of the EU does not rule on the intrinsic merits of the Apostolides vs Orams case. The judgement is a response to the queries raised by Lord Phillips of the UK Appeal Court.

2. The appeal of Mr Apostolides in the UK can now re-commence and Lord Phillips will have the benefit of the advice from the ECJ to assist in his deliberations.


Linda & David Orams
3. If the UK Court of Appeal follows the advice of the ECJ, they will agree to register the judgments of the court of South Cyprus which found in favour of Mr Apostolides. At this stage, it is likely that the Orams would be granted leave to appeal to the House of Lords. This will prolong the matter for several years.

4. If Mr Apostolides, at the end of the UK appeal process, is successful in registering the judgment of the South Cyprus courts, then he can make an application to the UK courts for the Orams to demolish the house in Lapta, North Cyprus and pay him compensation. If the Orams fail to comply, then he can make a further application to a UK court so that their assets in the UK are seized.


Technical Points

1. Regulation 44/2001 is limited to civil and commercial matters. It does not extend to ‘revenue, customs or administrative matters.' The ECJ recognises, in para 40 of the judgment, that it could be argued that the Apostolides vs Orams dispute is not simply a civil dispute between two parties.

This is an understatement. It is generally agreed that the dispute has been promoted and financed by the authorities of South Cyprus and that the defence of the case against the Orams has been financed by North Cyprus and/or Turkey. Mr Apostolides and the Orams are considered mere pawns in a larger game.

The penultimate paragraph of the ECJ ruling on this matter, para 45, concludes that the case is between individuals and that no public authorities are involved. The costs alone of the case to date discredit this opinion, and the ECJ could be challenged on this point.

2. The process of law in South Cyprus could and has been challenged by the lawyers defending the Orams. The writ was handed to Mrs Orams at Lapta, but she did not sign for it. The papers were written in Greek and it took Mrs Orams some time to have them translated, by which time a default judgment had been made.

These issues, and several others, could lead one to the view that the Orams' rights were infringed by the courts of South Cyprus.

3. The default judgment of the South Cyprus court orders the Orams, among other things, ‘to deliver to Mr Apostolides free possession of the land'. It is not within the power of Linda Orams to comply with this ruling.

It is generally accepted that Linda & David Orams bought and paid for the land and property in accordance with the regulations of the TRNC, and that the land and transaction was registered with the TRNC authorities. TRNC title deeds are guaranteed by the TRNC authorities and it is not within the power of Linda Orams to rescind a TRNC title deed in favour of Mr Apostolides. Her inability to comply with the judgment undermines the ruling.

The TRNC authorities have established an Immovable Properties Commission to deal with claims by dispossessed Greek Cypriots, and this would be the appropriate body to deal with Mr Apostolides' claim.

4. Article 34 of 44/2001 states that a judgment shall not be recognised ‘if such recognition is manifestly contrary to public policy in the Member State in which recognition is sought.' In this regard, the Member State is the UK.

A convincing case could be made that registration of the judgment in the UK is indeed contrary to public policy. The UK government is a guarantor power with respect to Cyprus, and administered the island until 1960. The UK has supported efforts to end the international isolation of North Cyprus and supported the Annan Plan for the re-unification of the island.

One could argue that the issues raised by the Apostolides vs Orams case should be resolved by a comprehensive political settlement rather than a series of legal rulings which emanate from a partisan court. Therefore, registration of the judgment would be contrary to UK public policy.

Strategic Options

1. The fact that the ECJ considers the inability of the government of South Cyprus to enforce its authority in the North as a temporary situation is a major problem.

The leaders of the two communities have given credence to this view by their continued meetings and positive statements concerning a unified Cyprus.

Following the April 2009 elections in North Cyprus, the National Unity Party (UBP) won 44% of the vote and the incoming administration is less optimistic as to the possibility of a positive outcome to these negotiations. The UBP favours a two state solution.

If the temporary partition of Cyprus becomes permanent and there is a request for recognition of a separate state, the EU will be forced to review and possibly abandon its recognition of the government of the Greek Republic of Cyprus as the legitimate ruling body of the entire island.

2. The rights of dispossessed persons is an issue which affects Turkish Cypriots who lost land and property in South Cyprus, in addition to Greek Cypriots who lost land in the North.

It would be useful for several significant claims to be lodged by Turkish Cypriots with the European Court of Human Rights in order to dispel the myth that it is only Greek Cypriots who have been dispossessed. It is generally considered that Larnaca Airport is build on Turkish Cypriot land, and this would be a useful target.

In addition to promoting any such claims to the European Court of Human Rights, an application to the courts of South Cyprus could be made in order to provide publicity for this issue.

Conclusion

The Greek Cypriot case has undoubtedly been strengthened by this ruling. The immediate impact will be to discourage EU nationals from purchasing property in North Cyprus. This will have a significant impact on the already fragile North Cyprus economy and tax revenues.

While there will undoubtedly be jubilation in sections of the Greek Cypriot government and media, this is a sad day for Cyprus. The Orams ruling, following on from the victory of the UBP in the election, marks a watershed in the history of the island.

For the last 10 years there has been hope that the island would be re-united, and there remain people within both communities who embrace this dream. Despite the rejection by the Greek Cypriots of the Annan Plan, the Turkish Cypriot community continued to support efforts to negotiate a settlement and were prepared to make significant sacrifices of land and property to this end.

The tide of public opinion in the North is now turning, and the window of opportunity for a united Cyprus is closing. Permanent partition and a proposal for a two state solution are in the ascendancy.

Copyright © Leslie Hardy – 29 April 2009

http://www.wellestates.com/orams_ecj.htm

----------------------------- 0000000000000000000 --------------------------


The tide of public opinion in the North is now turning, and the window of opportunity for a united Cyprus is closing. Permanent partition and a proposal for a two state solution are in the ascendancy.

After the 46 years of failure of the efforts to reconcile Turks and Hellenes; partition is what "they" want but don't propose it officially for some well known reasons.

As usual, it is better to create the suitable circumstances that will lead both sides asking for partition.

Step 1 of final stage of partition has been completed.

Hmmm!

What do ya think?

rawk

[humanist]

The pen is mightier than the sword ......... whilst Turkey threatens Cypriots with its strong 40,000 troops on the Island justice will prevail and Cyprus will be freed from the Turks

[Hatter]

This is an interesting view from an North Cyprus Forum. If this court judgement pushes the north into Turkish annexation, the EU writ will therefore no longer apply.

Somebody once said, be careful what you wish for.

The quote starts here.

What Happens Next ?

1. It should be noted that the judgment of the EU does not rule on the intrinsic merits of the Apostolides vs Orams case. The judgement is a response to the queries raised by Lord Phillips of the UK Appeal Court.

2. The appeal of Mr Apostolides in the UK can now re-commence and Lord Phillips will have the benefit of the advice from the ECJ to assist in his deliberations.


Linda & David Orams
3. If the UK Court of Appeal follows the advice of the ECJ, they will agree to register the judgments of the court of South Cyprus which found in favour of Mr Apostolides. At this stage, it is likely that the Orams would be granted leave to appeal to the House of Lords. This will prolong the matter for several years.

4. If Mr Apostolides, at the end of the UK appeal process, is successful in registering the judgment of the South Cyprus courts, then he can make an application to the UK courts for the Orams to demolish the house in Lapta, North Cyprus and pay him compensation. If the Orams fail to comply, then he can make a further application to a UK court so that their assets in the UK are seized.


Technical Points

1. Regulation 44/2001 is limited to civil and commercial matters. It does not extend to ‘revenue, customs or administrative matters.' The ECJ recognises, in para 40 of the judgment, that it could be argued that the Apostolides vs Orams dispute is not simply a civil dispute between two parties.

This is an understatement. It is generally agreed that the dispute has been promoted and financed by the authorities of South Cyprus and that the defence of the case against the Orams has been financed by North Cyprus and/or Turkey. Mr Apostolides and the Orams are considered mere pawns in a larger game.

The penultimate paragraph of the ECJ ruling on this matter, para 45, concludes that the case is between individuals and that no public authorities are involved. The costs alone of the case to date discredit this opinion, and the ECJ could be challenged on this point.

2. The process of law in South Cyprus could and has been challenged by the lawyers defending the Orams. The writ was handed to Mrs Orams at Lapta, but she did not sign for it. The papers were written in Greek and it took Mrs Orams some time to have them translated, by which time a default judgment had been made.

These issues, and several others, could lead one to the view that the Orams' rights were infringed by the courts of South Cyprus.

3. The default judgment of the South Cyprus court orders the Orams, among other things, ‘to deliver to Mr Apostolides free possession of the land'. It is not within the power of Linda Orams to comply with this ruling.

It is generally accepted that Linda & David Orams bought and paid for the land and property in accordance with the regulations of the TRNC, and that the land and transaction was registered with the TRNC authorities. TRNC title deeds are guaranteed by the TRNC authorities and it is not within the power of Linda Orams to rescind a TRNC title deed in favour of Mr Apostolides. Her inability to comply with the judgment undermines the ruling.

The TRNC authorities have established an Immovable Properties Commission to deal with claims by dispossessed Greek Cypriots, and this would be the appropriate body to deal with Mr Apostolides' claim.

4. Article 34 of 44/2001 states that a judgment shall not be recognised ‘if such recognition is manifestly contrary to public policy in the Member State in which recognition is sought.' In this regard, the Member State is the UK.

A convincing case could be made that registration of the judgment in the UK is indeed contrary to public policy. The UK government is a guarantor power with respect to Cyprus, and administered the island until 1960. The UK has supported efforts to end the international isolation of North Cyprus and supported the Annan Plan for the re-unification of the island.

One could argue that the issues raised by the Apostolides vs Orams case should be resolved by a comprehensive political settlement rather than a series of legal rulings which emanate from a partisan court. Therefore, registration of the judgment would be contrary to UK public policy.

Strategic Options

1. The fact that the ECJ considers the inability of the government of South Cyprus to enforce its authority in the North as a temporary situation is a major problem.

The leaders of the two communities have given credence to this view by their continued meetings and positive statements concerning a unified Cyprus.

Following the April 2009 elections in North Cyprus, the National Unity Party (UBP) won 44% of the vote and the incoming administration is less optimistic as to the possibility of a positive outcome to these negotiations. The UBP favours a two state solution.

If the temporary partition of Cyprus becomes permanent and there is a request for recognition of a separate state, the EU will be forced to review and possibly abandon its recognition of the government of the Greek Republic of Cyprus as the legitimate ruling body of the entire island.

2. The rights of dispossessed persons is an issue which affects Turkish Cypriots who lost land and property in South Cyprus, in addition to Greek Cypriots who lost land in the North.

It would be useful for several significant claims to be lodged by Turkish Cypriots with the European Court of Human Rights in order to dispel the myth that it is only Greek Cypriots who have been dispossessed. It is generally considered that Larnaca Airport is build on Turkish Cypriot land, and this would be a useful target.

In addition to promoting any such claims to the European Court of Human Rights, an application to the courts of South Cyprus could be made in order to provide publicity for this issue.

Conclusion

The Greek Cypriot case has undoubtedly been strengthened by this ruling. The immediate impact will be to discourage EU nationals from purchasing property in North Cyprus. This will have a significant impact on the already fragile North Cyprus economy and tax revenues.

While there will undoubtedly be jubilation in sections of the Greek Cypriot government and media, this is a sad day for Cyprus. The Orams ruling, following on from the victory of the UBP in the election, marks a watershed in the history of the island.

For the last 10 years there has been hope that the island would be re-united, and there remain people within both communities who embrace this dream. Despite the rejection by the Greek Cypriots of the Annan Plan, the Turkish Cypriot community continued to support efforts to negotiate a settlement and were prepared to make significant sacrifices of land and property to this end.

The tide of public opinion in the North is now turning, and the window of opportunity for a united Cyprus is closing. Permanent partition and a proposal for a two state solution are in the ascendancy.

Copyright © Leslie Hardy – 29 April 2009

http://www.wellestates.com/orams_ecj.htm

----------------------------- 0000000000000000000 --------------------------


The tide of public opinion in the North is now turning, and the window of opportunity for a united Cyprus is closing. Permanent partition and a proposal for a two state solution are in the ascendancy.

After the 46 years of failure of the efforts to reconcile Turks and Hellenes; partition is what "they" want but don't propose it officially for some well known reasons.

As usual, it is better to create the suitable circumstances that will lead both sides asking for partition.

Step 1 of final stage of partition has been completed.

Hmmm!

What do ya think?

rawk

Isn't this the same quote as the one at he start of this thread? And isn't the quote at the start of this thread also the same as the quote at the start of another thread ("What Happens Next?"). Are you and Insan the same person? And are you doing this as a diversionary tactic, or do you hope that by posting the same quote several times you might get lucky?