A CRUCIAL ruling in the ongoing Orams case is due out next Tuesday by the European Court of Justice, which could open the floodgates to a whirlwind of legal battles against British property “owners” in the north.
Linda and David Orams are engaged in a long-running legal battle with Meletios Apostolides, a Greek Cypriot who owns the land their home stands on in Lapithos in the north. Apostolides took the Orams to the Nicosia District Court and won in 2005. The court ruled that the Orams should demolish their house, return the land and pay rent for the time they lived there. This was confirmed in an appeal to the Supreme Court.
However, given that the land in question is still under occupation, the refugee took his case to England, citing EU law to argue for the ruling to be implemented in the UK, in other words, for Apostolides to utilise their assets in England instead.
The Orams, a retired couple from Hove in Sussex, got a favourable ruling in 2006 from the UK High Court. Cherie Blair, the wife of former UK Prime Minister Tony Blair, represented the Orams, though according to Turkish Cypriot press last month, received a dud cheque for her services.
Apostolides contested the UK ruling at the Court of Appeal, which postponed the hearing to seek legal advice from the European Court of Justice in Luxembourg (ECJ). The ECJ will answer five questions set by the UK appellate court regarding Protocol 10 and the application of EU law in the north.
On December 18, 2008, Advocate General of the ECJ, Juliane Kokott, released an opinion “vindicating totally Mr. Apostolides’ arguments”, said his lawyer Constantis Candounas. The lawyer highlighted Kokott’s opinion that there are no public policy issues involved in the Orams case that stem from efforts by the international community to solve the Cyprus problem.
“It should be clearly stated that the Advocate General’s opinion is not binding on the Court,” noted Candounas.
However, the ECJ has ruled against the AG’s opinion in few instances only. Next Tuesday at 10.30am local time, the ECJ will give its ruling.
According to Candounas, “the Court’s judgment will, to a great extent, pre-determine the final outcome of the case pending before the Court of Appeal”.
The stakes are high and a decision in favour of Apostolides could leave many British expats who bought Greek Cypriot properties in the north in a vulnerable position as for the first time, refugees will have recourse to British courts and British properties.
A report in the Turkish Cypriot press last January said that a “mystery backer” had agreed to help the Orams pay their mounting legal fees which had run to £270,000. No surprise, given the potential blow to the property market in the north this case could serve.
Baris Mamali, Chairman of the Turkish Cypriot bar association, was previously quoted saying that residents of the north could pay a heavy price if the ruling went against the Orams.
“If the European Court of Justice rules that such cases can be implemented in all EU member states it is obvious that such a decision will cause great upheaval in our society. Dangerous days will be in store for many of our citizens,” he added.
With ongoing direct talks and the prospect of a comprehensive solution being floated about, the issue could prove moot this time next year. But if not, then the legal courts will continue to be the main area for solving long-standing grievances of all those displaced on the island.
