Linda Orams: ‘this is not the end’
Talat reassures expats
Christofias: ‘ruling vindicates Cyprus’
A LANDMARK ruling at the European Court of Justice (ECJ) yesterday backed the Nicosia court’s decision ordering David and Linda Orams to demolish a house they built on Greek Cypriot property in the north.
The ECJ ruling in favour of refugee Meletis Apostolides now looks set to make the prosecution of thousands of foreigners living in Greek Cypriot properties in the north a distinct possibility.
The ruling came as the latest stage in a four and-a-half year legal battle that has involved courts in Nicosia, London and Luxemburg. Most recently the UK had said it was unable to enforce the original ruling because the northern part of the island was outside the jurisdiction of the EU. It sent the case to the ECJ asking it to advise the British court on how to act.
If as expected the British Appeals Court in London accepts yesterday’s ECJ ruling, British and other foreign buyers occupying Greek Cypriot properties could find themselves arrested and charged with trespass and illegal possession.
Speaking to the Cyprus Mail yesterday, Apostolides’ lawyer Constantis Candounas said: “Mr Apostoides and his team are very satisfied and are looking forward to the final outcome in London someday soon”. He added a warning to foreigners living in Greek Cypriot properties in the north that they “should start seeking proper legal advice.”
Yesterday’s ruling was unequivocal about whether EU law could be brought into force against acts carried out in the north, where the EU acquis is suspended.
“A judgment in a court in the Republic of Cyprus must be recognised and enforced by the other member states even if it concerns land in the northern part of the island,” it said, adding: “The suspension of the application of Community law in the areas where the Government of the Republic of Cyprus does not exercise effective control and the fact that the judgment cannot, as a practical matter, be enforced where the land is situated do not preclude its recognition and enforcement in another Member State”.
In effect, the ruling means that although the Cypriot government cannot directly enforce its laws in the north, it can call on any EU country to enact rulings that come out of a Cypriot court. In the Orams case it means, assuming the UK court takes the ECJ ruling on board, that the couple’s Sussex home and other assets could be seized and sold in order to pay off Apostolides.
The Orams were not answering their phone yesterday, but Linda Orams was quoted on CyBC television as saying: “It’s not unexpected. We’ll go back to London now, and we’ll see what happens from there. There are other factors that can be brought in – it’s still not the end, basically.”
Political reaction in the north was however quite swift. Turkish Cypriot leader Mehmet Ali Talat was said by officials yesterday to be “angry, disappointed and concerned” about the ruling, and went as far as making special address before last night’s evening news on state-run BRT TV.
“The property issue does not stem from problems between individuals but from the Cyprus problem itself, which can only be solved by better relations between the two peoples. Taking action against individuals only increases tensions,” he said.
He added: “The property issue will be solved not only through restitution but also through compensation and exchange. It won’t be solved by increasing tensions between the two communities.”
Talat also sought to reassure those living in the north that they would, for the time being at least, remain protected by ‘TRNC’ law.
“Until a solution, the TRNC state and government will continue to hold jurisdiction over the north,” he said.
He also took a swipe at the EU, saying the ECJ’s ruling was “another example of how the EU was not playing a positive role in solving Cyprus’ problem”.
Candounas however insisted that the ruling would neither damage relations, nor would it hinder reunification talks.
“This is a legal judgment. I don’t believe it will have any political impact whatsoever,” he said.
A British High Commission spokesman said: “This is a judicial not a political process. It is now up to the Court of Appeal in the UK to decide how to proceed. Clearly property remains a sensitive issue for many people in Cyprus which can only be fully resolved by political means through a comprehensive solution to the Cyprus problem.”
Some Britons who live in the north said they were not unduly worried.
Morton Cole, a representative of the north’s British Residents’ Society said: “This was not totally unexpected. It is a test case and there is no cause for panic among the expat community. People will be interested in how the case turns out before getting worried”.
However, another British resident of the north who refused to be named said he believed yesterday’s ruling, “would open the flood gate to Greek Cypriot litigation”.
