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European Court judgement on property in North Cyprus
May 1, 2009 9:50 AM
The EU's highest court, the European Court of Justice, has ruled in the Orams/Apostolides case, that British couple Linda and David Orams are open to UK court action to seize their assets here if they do not demolish the house they built in north Cyprus and pay compensation to Greek Cypriot owner Mr Apostolides as the Republic of Cyprus court ordered five years ago. The Orams claim to have bought the land near Kyrenia in good faith based on deeds issued by the Turkish Cypriot administration in the North. Hundreds of other British 'owners' of property in north Cyprus are potentially affected.
London Liberal Democrat MEP Sarah Ludford said:
"The technical legal correctness of this ruling may be unquestionable, based on EU measures providing for 'mutual recognition' of judgements between 2 EU countries, in this case the Republic of Cyprus and the UK. It is also understandable that Mr Apostolides and other Greek Cypriot owners will feel that it represents justice. We must not forget however that there are many Turkish Cypriots who have been unable to reclaim property in the South."
"In any case it will strike many as strange that while EU law is suspended in north Cyprus due to the division of the island - so the judgement cannot be enforced there - the same EU law can be used for a backdoor enforcement of the claim in UK courts."
"The decision risks reinforcing the sense of bewilderment felt by Turkish Cypriots. They voted by 2 to 1 five years ago to accept the UN plan for reunification, a plan the Greek Cypriots rejected by 3 to 1, and they were then given an EU promise of an end to isolation. Little has been delivered to make that a reality, and the disappointment was alarmingly evident in recent election results which saw a victory for nationalists in the north."
"The decision makes it all the more vital that the EU finally weighs in to help push forward quickly a political settlement on the island. It has always been recognised that property restitution or compensation, for the rights of both Greek and Turkish Cypriots forced to leave their properties at the time of partition, will be one of the trickiest issues. It is an indictment of politicians, Cypriot but also European, that this matter has been left to lawyers to sort out because negotiators have failed for so long."
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