Cyprus-Forum.com

[Viewpoint]

What happens now? what difference will it really make?

Priceless.

Tell us, what will happen, can the ruling be enforced?

VP , the Royal Courts of justice have upheld the EC judgement as given in April 2009.
The ruling will be enforced on the assets of the Orams in the UK. Can you see any Brits rushing to "purchase" G/C land !!!

This part is contained in the judgement , you may find it interesting.
Appendix 50:
The independence , territorial integrity and security of the Republic of Cyprus was recognized and indeed guaranteed by the United Kingdom in the Treaty of Guarantee of 1960. Moreover , by a succession of Security Council Resolutions, consistently reaffirmed , all states are called upon "to respect the sovereignty, independence , territorial integrity and non-alignement of the Republic of Cyprus " (Resolution 541 of 18 November 1983)

International law and more importantly European law can not be ignored by Turkey , neither can Turkey dismiss today,s judgement .

Nothing will chnage this will blow over and the TRNC property developers will sell to other countries, full stop.

[Hermes]

This is what the Orams now have to do .....

terminate the trespass on their behalf over the land belonging to Apostolides;

Deliver up possession of the land to Apostolides;

Bring down the villa built on Apostolides land.

If as seems likely the TRNC does not allow the Orams to do either of the above then UK courts will not penalise the Orams for not taking action beyond their control.

It is not the UK courts that decide the matter. It is the courts in the ROC who will judge if the Orams are fulfilling their responsibilities. The UK courts have to allow ROC verdicts to be implemented there if they cannot be executed in the north of Cyprus. That's what this case was about.

It's not just demolishing the property either. There is the question of compensation. And any other legal demands made by the ROC courts. Crucially, Mr. Apostolides is also acknowledged as the legitimate owner of the property in Lapithos. Nothing can take that away from him. Something that undermines Turkish claims that the occupation has changed "the facts on the ground". It hasn't.

[Malapapa]

This is what the Orams now have to do .....

terminate the trespass on their behalf over the land belonging to Apostolides;

Deliver up possession of the land to Apostolides;

Bring down the villa built on Apostolides land.

If as seems likely the TRNC does not allow the Orams to do either of the above then UK courts will not penalise the Orams for not taking action beyond their control.

According to TONC, which doesn't recognise the RoC or its judgements, the land still belongs to the Orams. So how can it stop them? What is Talat going to do? Get Turkey's army to invade it?

[Viewpoint]

What happens now? what difference will it really make?

Priceless.

Tell us, what will happen, can the ruling be enforced?

Yes. That's what this is all about. The Orams must abide by the ruling otherwise their property, assets, savings and pension in the UK will be seized. They must demolish the house, pay compensation to Mr. Apostolides, return the property to him and pay all legal costs. Mrs. Orams is already looking at ways to demolish the property. She will have to abide by all the terms of the ruling otherwise the Orams risk claims against their assets in the UK.

So you see how everything has changed. The ROC courts' decisions can be implemented in the rest of Europe. All the might of the Turkish army sitting in Cyprus couldn't stop Mr. Apostolides from pursuing the Orams in the UK courts and forcing them to abide by the decisions of the ROC courts. It also means that the original owners of property in the north can pursue claims against anyone in the "TRNC" who has usurped their property and claim against their assets anywhere in Europe.

The possibilities are endless. Hotels, houses, marinas, businesses, government agencies, banks, companies, anyone in fact who is exploiting property that is Greek-Cypriot owned in the north of Cyprus can be sued in the ROC and have their assets seized in Europe.

The fun is only just starting...

Lets see it enforced, as it all on paper right now, has a time table been provided, or do they have open ended right as to when to demolish to property??? Nothing will happen, it will all be wrapped up in red tape and put out to dry.

[Malapapa]

What happens now? what difference will it really make?

Priceless.

Tell us, what will happen, can the ruling be enforced?

Don't be obtuse. If they don't pay the refugee compensation and don't comply with the court ruling to demolish the house built on his land there will be an enforcement order entitling authorities to seize their assets in the UK, including their home in Hove.

Do you think that will actually happen?

Yes. That's what the courts has ruled. If the Orams don't, the court will issue an enforcement order.

[Viewpoint]

This is what the Orams now have to do .....

terminate the trespass on their behalf over the land belonging to Apostolides;

Deliver up possession of the land to Apostolides;

Bring down the villa built on Apostolides land.

If as seems likely the TRNC does not allow the Orams to do either of the above then UK courts will not penalise the Orams for not taking action beyond their control.

It is not the UK courts that decide the matter. It is the courts in the ROC who will judge if the Orams are fulfilling their responsibilities. The UK courts have to allow ROC verdicts to be implemented there if they cannot be executed in the north of Cyprus. That's what this case was about.

It's not just demolishing the property either. There is the question of compensation. And any other legal demands made by the ROC courts. Crucially, Mr. Apostolides is also acknowledged as the legitimate owner of the property in Lapithos. Nothing can take that away from him. Something that undermines Turkish claims that the occupation has changed "the facts on the ground". It hasn't.

The "RoC" cannot enforce anything the Orams will pay the fine, what was it 4000 euros? and cliam they are not able to demolish due to the TRNC stopping them, the matter will be tied up in red tape and put out to dry.

[Malapapa]

What happens now? what difference will it really make?

Priceless.

Tell us, what will happen, can the ruling be enforced?

VP , the Royal Courts of justice have upheld the EC judgement as given in April 2009.
The ruling will be enforced on the assets of the Orams in the UK. Can you see any Brits rushing to "purchase" G/C land !!!

This part is contained in the judgement , you may find it interesting.
Appendix 50:
The independence , territorial integrity and security of the Republic of Cyprus was recognized and indeed guaranteed by the United Kingdom in the Treaty of Guarantee of 1960. Moreover , by a succession of Security Council Resolutions, consistently reaffirmed , all states are called upon "to respect the sovereignty, independence , territorial integrity and non-alignement of the Republic of Cyprus " (Resolution 541 of 18 November 1983)

International law and more importantly European law can not be ignored by Turkey , neither can Turkey dismiss today,s judgement .

Nothing will chnage this will blow over and the TRNC property developers will sell to other countries, full stop.

Which other countries? And which of these countries won't have reciprocal arrangements with the EU, enabling Cypriot court decisions to be enforced in these countries?

[Viewpoint]

This is what the Orams now have to do .....

terminate the trespass on their behalf over the land belonging to Apostolides;

Deliver up possession of the land to Apostolides;

Bring down the villa built on Apostolides land.

If as seems likely the TRNC does not allow the Orams to do either of the above then UK courts will not penalise the Orams for not taking action beyond their control.

According to TONC, which doesn't recognise the RoC or its judgements, the land still belongs to the Orams. So how can it stop them? What is Talat going to do? Get Turkey's army to invade it?

There are plenty of ways to skin a cat and the TRNC will find a way around this one.

[boulio]

i really dont know if it will be inforced or not,but it ends i believe a bigger problem,the g/c are entitled to all there land in the north.Full stop.Not 1/3(ANNAN PLAN)not half but all.

[bill cobbett]

There follows the first 10 pages of the judgment.

Will scan and post the rest if Kifeas promises this forum that he is jumping in to Kyrenia Harbour on Liberation Day in his bleeding underwear!!!!!