Apostolidis v. Oramsov - a case pending before the European Court , a decision was made on April 28, 2009 [1] . The court was to determine whether Cypriot refugees who lost land as a result of the Turkish invasion have the right to demand their property back if the authorities of Northern Cyprus transferred it to other owners. The court ruled that although the Cyprus government does not de facto control the northern part of the island , the decisions of the Cypriot courts still apply throughout the island [2] .
 European Union Court | |
| Started September 13, 2007 Ended April 28, 2009 | |
|---|---|
| Full name of the case | Meletis Apostolidis vs. David Charles Orams and Linda Elizabeth Orams |
| Case number | C-420/07 |
| Grand chamber | |
| Citizenship of the parties | Cyprus and the United Kingdom |
| Composition of the court | |
| Legislation Affected by Court Decision | |
| Interpretation of Regulation (EC) No 44/2001 The interpretation of protocol No. 10 of the Treaty of Accession , signed by Cyprus in 2003, is given. | |
Content
Background
Meletis Apostolidis, an architect by profession, in 1974, after the Turkish invasion and the subsequent separation of the island, was forced to leave his place of residence in Lapitos , leaving his land.
In 2002, David Charles and Linda Elizabeth Oramsy, citizens of the United Kingdom, purchased land previously owned by Apostolidis and built a villa on its territory, their total cost amounted to about 160 thousand pounds. The seller stated to Oramsam that he received land rights from the government of the Turkish Republic of Northern Cyprus (TRNC), a de facto existing state that is not recognized by any other country except Turkey [3] [4] .
In 2003, the government of northern Cyprus eased restrictions on crossing the border between the TRNC and the Republic of Cyprus, which enabled Cypriot refugees, including Apostolidis, to cross the border.
Apostolidis vs. Orams
Meletis Apostolidis filed a lawsuit in the Nicosia District Court [5] , demanding that the Orams free his land. In November 2004, the court ruled that the Oramsam should:
- to destroy the villa, swimming pool and the fence that they erected on the land belonging to the Apostolidis;
- transfer land to Apostolis for free use
- to pay compensation to Apostolidis for the damage caused, as well as the cost of the rent
- refrain from continuing unlawful interference with this land, this applies both directly to the Orams themselves and to third parties acting on their behalf
- pay legal costs
The Oramsians filed an appeal, which was pending before the Supreme Court of Cyprus. The appeal was dismissed [6] .
Due to the fact that it was problematic to enforce the judgment of the court of the Republic of Cyprus on the territory of the TRNC, Apostolidis decided to act through pan-European structures, so he filed a lawsuit against the Oramsov in a British court [7] . The interests of the Orams in court were defended by , the wife of British politician Tony Blair .
In September 2006, the High Court of London ruled in favor of the Orams [8] . Apostolidis filed an appeal, which was referred to the European Court [9] [10] [11] .
On April 28, 2009, the European Court ruled that the British courts could enforce the decisions taken by the Cypriot courts in respect of Cypriots forced to become refugees as a result of the Turkish invasion of the island [12] .
After that, the Apostolidis case was returned to the Court of Appeal of England, which on January 9, 2014 decided in favor of the Apostolidis. The Orams appealed to the UK Supreme Court, but it was rejected. According to the publication “Cyprus Mail”, the Orams did not begin to destroy the buildings on the land of Apostolidis, just abandoning it [13] .
Consequences
This case has become a precedent, allowing other Cypriots who have lost their property as a result of the division of the island, to file similar claims [12] .
Notes
- ↑ Veronika Gaertner, “ECJ Judgment: Apostolides”, April 29, 2009
- ↑ Greek Cypriots can reclaim land , BBC (April 28, 2009). Archived on April 29, 2009. Date of treatment April 29, 2009.
- ↑ Case C ‑ . European Court of Justice (April 28, 2009). Date of treatment April 29, 2009.
- ↑ Bodoni, Stephanie . UK Couple Must Demolish Cyprus Home, EU Court Says , Bloomberg LP (April 28, 2009). Date of treatment April 29, 2009.
- ↑ A French summary of the judgement of the Cypriot court ( Eparchiako Dikastirio Lefkosias, case no. 9968/04, April 19, 2005, Apostolidis v. D. and L. Orams) is available in Reflets, Informations rapides sur les développements juridiques présentant un intérêt communautaire , Nº 1/2006, pages 15-16 .
- ↑ Supreme Court of Cyprus , DAVID CHARLES ORAMS κ.α ν. ΜΕΛΕΤΗΣ ΑΠΟΣΤΟΛΙΔΗΣ , Πολιτική Έφεση Αρ. 121/2005, 21 December 2006
- ↑ Smith, Helena . Cherie Booth's role in Cyprus land dispute angers president , The Guardian (December 19, 2005). Date of treatment April 29, 2009.
- ↑ Orams v. Apostolides [2006] EWHC 2226 (QB) , [2007] 1 WLR 241, [2007] 1 All ER (Comm) 1 (6 September 2006), High Court of Justice (Queen's Bench Division) , case no: QB / 2005 / PTA / 0897.
- ↑ Veronika Gaertner, “Northern Cyprus and the Acquis Communautaire”, February 23, 2008
- ↑ Veronika Gaertner, “ECJ: AG Opinion in“ Apostolides ”, December 20, 2008
- ↑ Greek Cypriots can reclaim land - possible impact on holiday home owners . Holiday Lettings (April 29, 2009). Date of treatment May 8, 2009. Archived May 2, 2009.
- ↑ 1 2 Waterfield, Bruno . Landmark court ruling means Britons could be forced to return homes in northern Cyprus , The Daily Telegraph (April 29, 2009). Archived on May 2, 2009. Date of treatment April 29, 2009.
- ↑ “End of the road for the Orams” Archived on September 9, 2010. , Cyprus Mail, April 1, 2010.