Pax wrote:The significance of the ECJ judgment on Orams is that a court order, including writ or other warrant, can be served and enforced anywhere in the EU. Crucially the ECJ judgment confirms that this principle applies to all court orders issued by any EU national court within any EU national jurisdiction irrespective of whether the offence was committed within that same jurisdiction.
Furthermore the ECJ judgment is notlimited to the Orams, to ex-pat property holders, or to property cases in Cyprus. Much more than this, it confirms the principle of universal enforcement across all the EU. Thus if needs be, a German citizen held liable for an offence in Sweden (by a Swedish court) could find that court order enforced in Cyprus.
Anyone - Turkish Cypriot, Greek Cypriot, British, German, Greek, etc - found by a Republic of Cyprus court in breach of RoC property law in northern Cyprus would be potentially subject to a writ which could be served in any/all EU states. Furthermore, not only are EU citizens subject to this extension of enforcement. Turkish citizens living in the EU, or certainly with assets in the EU, could also be subjected, in principle, to an enforcement order.
Sure this is all political. But the law is political. It is naive to think it to be otherwise.
“It is a shame we let them do whatever they want in our country. How dare they come and implement another state’s regulation in the TRNC?”
Pax wrote:The significance of the ECJ judgment on Orams is that a court order, including writ or other warrant, can be served and enforced anywhere in the EU. Crucially the ECJ judgment confirms that this principle applies to all court orders issued by any EU national court within any EU national jurisdiction irrespective of whether the offence was committed within that same jurisdiction.
Furthermore the ECJ judgment is notlimited to the Orams, to ex-pat property holders, or to property cases in Cyprus. Much more than this, it confirms the principle of universal enforcement across all the EU. Thus if needs be, a German citizen held liable for an offence in Sweden (by a Swedish court) could find that court order enforced in Cyprus.
Anyone - Turkish Cypriot, Greek Cypriot, British, German, Greek, etc - found by a Republic of Cyprus court in breach of RoC property law in northern Cyprus would be potentially subject to a writ which could be served in any/all EU states. Furthermore, not only are EU citizens subject to this extension of enforcement. Turkish citizens living in the EU, or certainly with assets in the EU, could also be subjected, in principle, to an enforcement order.
Sure this is all political. But the law is political. It is naive to think it to be otherwise.
The Cypriot wrote:Pax wrote:The significance of the ECJ judgment on Orams is that a court order, including writ or other warrant, can be served and enforced anywhere in the EU. Crucially the ECJ judgment confirms that this principle applies to all court orders issued by any EU national court within any EU national jurisdiction irrespective of whether the offence was committed within that same jurisdiction.
Furthermore the ECJ judgment is notlimited to the Orams, to ex-pat property holders, or to property cases in Cyprus. Much more than this, it confirms the principle of universal enforcement across all the EU. Thus if needs be, a German citizen held liable for an offence in Sweden (by a Swedish court) could find that court order enforced in Cyprus.
Anyone - Turkish Cypriot, Greek Cypriot, British, German, Greek, etc - found by a Republic of Cyprus court in breach of RoC property law in northern Cyprus would be potentially subject to a writ which could be served in any/all EU states. Furthermore, not only are EU citizens subject to this extension of enforcement. Turkish citizens living in the EU, or certainly with assets in the EU, could also be subjected, in principle, to an enforcement order.
Sure this is all political. But the law is political. It is naive to think it to be otherwise.
This would also include the Republic of Turkey itself and assets it has in EU countries, eg. embassies, consuls, trade, tourists and cultural centres.
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