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British Court?s decision does not legalize illegality of purchasing property in occupied Cyprus
2006-09-07 15:56:01

Nicosia, Sept 7 ? The Cyprus Government has warned that Wednesday?s ruling of the English High Court in the case of a British couple illegally purchasing a villa in the Turkish-occupied part of Cyprus did not legalize - in any way ? their act.

The British High Court has accepted the appeal of Messrs Orams against the registration in England of the court judgment issued against them in Cyprus by the Greek Cypriot legal owner of the land - Mr Apostolides.

But the Attorney General of the Republic of Cyprus, in a press release, pointed out that the British Court has recognized that the property in dispute is within the Republic of Cyprus.

?Furthermore, it accepted the jurisdiction of the Cyprus Court on the sub judice question and concluded that it had no jurisdiction to review the substance of the judgment of the Cyprus Court,? added the press release.

?The Court pointed out that, according to the relevant judgment of the European Court of Human Rights, the property rights of Mr Apostolides in relation to the property in question remain in force and Mr Apostolides remains the lawful owner of his property in Lapithos. Therefore, it accepts the conclusion of the Cyprus Court that the Orams are trespassing on the property of Mr Apostolides,? it also said.

The Attorney General also stressed that ?the Court rejected the position of Messrs Orams that the registration and enforcement of the judgment of the Cyprus Court in England would be manifestly contrary to English public policy, dismissing their allegations regarding violation of their human rights by the judgment of the Cyprus Court.?

In spite of the above, the English Court found that the European Regulation, which allows a litigant who obtains a judgment in his favor in an EU-member-state to register and enforce this judgment in another EU member-state, could not apply in this case in favor of Mr Apostolides.

This decision was based on the argument that ?As a result of Protocol 10 of the Act of Accession of the Republic of Cyprus to the European Union, the acquis communautaire is suspended and cannot be applied in relation to matters which relate to the occupied area.?

Turkey invaded Cyprus in 1974 and still occupies over a third of the island?s territory in full violation of international law and order.

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