Apostolides v Orams
Encyclopedia
Apostolides v Orams is a landmark legal case decided in the European Court of Justice
on 28 April 2009. It concerned the right for Greek Cypriot refugees to reclaim land in northern Cyprus, displaced after the 1974 partition of Cyprus. The case determined that although Cyprus
does not exercise effective control in northern Cyprus, cases decided in its courts are applicable through European Union law.
as a result of the partition of Cyprus which followed a Greek Cypriot coup and the subsequent Turkish invasion of Cyprus
.
In 2002, David Charles and Linda Elizabeth Orams, from Hove
, Sussex
, England, invested £160,000
of their retirement fund to acquire the land from a third party and to construct a villa on the premises. The third party claimed to have acquired the property from the Turkish Republic of Northern Cyprus
(TRNC), a de facto
state which, to this day, has not been recognised by any state except the Republic of Turkey. The Orams used the property in Northern Cyprus for vacations and maintained a separate property in the UK.
In 2003, the de facto administration of Northern Cyprus eased crossing restrictions along the ceasefire line
giving the opportunity to displaced Cypriots to visit their old properties. Meletios Apostolides visited his property and confirmed the construction of the house occupied by the Orams.
In November 2004, the Nicosia District Court ordered the Orams to:
The Orams appealed this decision, which was heard at the supreme court of Cyprus. The appeal was dismissed.
, an action criticised by the then president of Cyprus Tassos Papadopoulos
. He argued that due to its political nature, the wife of a Prime Minister
should not be involved in such a case.
In September 2006, the High Court of Justice
ruled in favour of the Orams. Mr Apostolides appealed the decision at the Court of Appeal which in turn referred the case to the European Court of Justice
(ECJ), in Luxembourg.
The ECJ in turn ruled in favour of Mr Apostolides (see next section below).
The case was then returned to the Court of Appeal in England which decided in favour of Meletios Apostolides on January 19, 2010. According to one of the judges of the Court of appeal panel, under the current system, this decision is final and no further escalation is possible. However, the Orams tried to appeal to the Supreme Court of the United Kingdom
.
On 26 March 2010, the U.K. Supreme Court refused permission for the Orams to take the case to appeal, effectively bring it to a conclusion. The Cyprus Mail reported that the Orams' had abandoned their property rather than demolish it.
as it sets a precedent for other Cypriots (primarily Greek Cypriot refugees) to bring similar actions to court.
Both the British High Commission in Cyprus and the Foreign and Commonwealth Office
have issued warnings regarding the purchase of property in Northern Cyprus.
Following the final ruling by the Court of Appeal in England, Meletios Apostolides' lawyer Constantis Candounas stated that he was considering similar lawsuits against foreign tourists using hotels in the TRNC that were owned by Greek Cypriots previous to the partition of Cyprus.
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
on 28 April 2009. It concerned the right for Greek Cypriot refugees to reclaim land in northern Cyprus, displaced after the 1974 partition of Cyprus. The case determined that although Cyprus
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
does not exercise effective control in northern Cyprus, cases decided in its courts are applicable through European Union law.
Background to the case
In 1974, Meletios Apostolides, an architect, was displaced with his family from his property in LapithosLapithos
Lapithos or Lapethos is a town of Kyrenia District on the northern coast of Cyprus. According to Strabo, the settlement was founded by Spartans. In Assyrian inscriptions, Lapithos is mentioned as one of the eleven Cypriot kingdoms. During the Persian rule, Lapithos was settled by Phoenicians...
as a result of the partition of Cyprus which followed a Greek Cypriot coup and the subsequent Turkish invasion of Cyprus
Turkish invasion of Cyprus
The Turkish invasion of Cyprus, launched on 20 July 1974, was a Turkish military invasion in response to a Greek military junta backed coup in Cyprus...
.
In 2002, David Charles and Linda Elizabeth Orams, from Hove
Hove
Hove is a town on the south coast of England, immediately to the west of its larger neighbour Brighton, with which it forms the unitary authority Brighton and Hove. It forms a single conurbation together with Brighton and some smaller towns and villages running along the coast...
, Sussex
Sussex
Sussex , from the Old English Sūþsēaxe , is an historic county in South East England corresponding roughly in area to the ancient Kingdom of Sussex. It is bounded on the north by Surrey, east by Kent, south by the English Channel, and west by Hampshire, and is divided for local government into West...
, England, invested £160,000
Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...
of their retirement fund to acquire the land from a third party and to construct a villa on the premises. The third party claimed to have acquired the property from the Turkish Republic of Northern Cyprus
Turkish Republic of Northern Cyprus
Northern Cyprus or North Cyprus , officially the Turkish Republic of Northern Cyprus , is a self-declared state that comprises the northeastern part of the island of Cyprus...
(TRNC), a de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
state which, to this day, has not been recognised by any state except the Republic of Turkey. The Orams used the property in Northern Cyprus for vacations and maintained a separate property in the UK.
In 2003, the de facto administration of Northern Cyprus eased crossing restrictions along the ceasefire line
United Nations Buffer Zone in Cyprus
The United Nations Buffer Zone in Cyprus runs for more than along what is known as the Green Line and has an area of . The zone partitions the island of Cyprus into a southern area effectively controlled by the government of the Republic of Cyprus , and the northern area...
giving the opportunity to displaced Cypriots to visit their old properties. Meletios Apostolides visited his property and confirmed the construction of the house occupied by the Orams.
Legal proceeding in Cyprus
Meletios Apostolides took his case to the Nicosia District court, demanding that the Orams vacate his property. Northern Cyprus, although a de facto functioning entity, remains an unrecognised state internationally. Mr Apostolides' case centred around the argument that although following the Turkish invasion the government of Cyprus had lost effective control over the northern part of the island, its laws still applied even if these were not easily enforceable.In November 2004, the Nicosia District Court ordered the Orams to:
- demolish the villa, swimming pool and fencing which they had erected on what the court regarded as Mr Apostolides' land
- deliver immediately to Mr Apostolides free possession of the land
- pay Mr Apostolides various sums by way of special damages and monthly rental charges (including interest) until the judgement was complied with
- refrain from continuing with the unlawful intervention on the land, whether personally or through their agents, and
- pay various sums in respect of the costs and expenses of the proceedings (with interest on those sums).
The Orams appealed this decision, which was heard at the supreme court of Cyprus. The appeal was dismissed.
Legal proceeding in England and Wales
Due to the island's division, the judgement reached by the Cypriot court was not enforceable, hence Mr Apostolides used EU regulations to have it registered and applied against the Orams' assets in the UK. The procedure for the enforcement of judgements between Member States of the European Union is provided by Regulation No 44/2001. The Orams were represented in the English courts by Cherie BlairCherie Blair
Cherie Blair , known professionally as Cherie Booth QC, is a British barrister working in the legal system of England and Wales. She is married to the former Prime Minister of the United Kingdom, Tony Blair; the couple have three sons and one daughter...
, an action criticised by the then president of Cyprus Tassos Papadopoulos
Tassos Papadopoulos
Tassos Nikolaou Papadopoulos was a Cypriot politician. He served as the fifth President of the Republic of Cyprus from February 28, 2003 to February 28, 2008.His parents were Nicolas and Aggeliki from Assia. He was the first of three children...
. He argued that due to its political nature, the wife of a Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
should not be involved in such a case.
In September 2006, the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
ruled in favour of the Orams. Mr Apostolides appealed the decision at the Court of Appeal which in turn referred the case to the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
(ECJ), in Luxembourg.
The ECJ in turn ruled in favour of Mr Apostolides (see next section below).
The case was then returned to the Court of Appeal in England which decided in favour of Meletios Apostolides on January 19, 2010. According to one of the judges of the Court of appeal panel, under the current system, this decision is final and no further escalation is possible. However, the Orams tried to appeal to the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
.
On 26 March 2010, the U.K. Supreme Court refused permission for the Orams to take the case to appeal, effectively bring it to a conclusion. The Cyprus Mail reported that the Orams' had abandoned their property rather than demolish it.
Legal proceeding in the EU
The case C-420/07, Apostolides v Orams, was heard by the Grand Chamber of the European Court of Justice in Luxembourg. A panel of judges ruled on April 28, 2009 that British courts were able to enforce the judicial decisions made in Cyprus, which uphold the property rights of Cypriots forced out during the invasion.Implications
The case has been described as a landmark test caseTest case (law)
In case law, a test case is a legal action whose purpose is to set a precedent. An example of a test case might be a legal entity who files a lawsuit in order to see if the court considers a certain law or a certain legal precedent applicable in specific circumstances...
as it sets a precedent for other Cypriots (primarily Greek Cypriot refugees) to bring similar actions to court.
Both the British High Commission in Cyprus and the Foreign and Commonwealth Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
have issued warnings regarding the purchase of property in Northern Cyprus.
Following the final ruling by the Court of Appeal in England, Meletios Apostolides' lawyer Constantis Candounas stated that he was considering similar lawsuits against foreign tourists using hotels in the TRNC that were owned by Greek Cypriots previous to the partition of Cyprus.
See also
- Loizidou v. Turkey
- Human rights in TurkeyHuman rights in TurkeyHuman rights in Turkey are theoretically protected by a variety of international law treaties, which take precedence over domestic legislation, according to Article 90 of the 1982 Constitution....
- Greek Cypriots, et al. v. TRNC and HSBC Bank USAGreek Cypriots, et al. v. TRNC and HSBC Bank USAGreek Cypriots, et al. v. TRNC and HSBC Bank USA is a pending class action suit by Greek Cypriots and others against the TRNC Representative Offices in the United States and HSBC Bank USA. The TRNC Representative Offices are a commercial entity because the United States does not formally recognise...
- Annan Plan