Press Release Regarding The Orams Case , 19.01.2010
The British Court of Appeal has announced today (19 January) its judgment publicly known as the Orams case, concerning the enforcement, in the UK, of the judgments given by the courts of the Greek Cypriot Administration as regards the property in the TRNC, and declared that judgments of the courts of the Greek Cypriot Administration could be executed in the UK.
In the previous statement made by our Ministry following the European Court of Justice’s (ECJ) judgment on the Orams case on 28 April 2009, it was announced that this judgement contradicted the parameters of the negotiation process and the nature of the new partnership to be established, constituting a clear example of the Greek Cypriot Administration’s misuse of its unjustly acquired membership to the European Union. Unfortunately, the recent judgment of the British Court of Appeal which affirms these negative elements is a cause of concern in several aspects.
First of all, the judgment of the British Court of Appeal is of the nature to complicate the Cyprus issue on which the comprehensive settlement efforts in the UN framework are ongoing with the aim of establishment of a new Partnership with two Constituent States on the basis of bizonality and political equality and may estrange the Greek Cypriot side from the settlement aim.
This judgment, which is a result of the unilateral EU membership of the Greek Cypriot Administration which has been awarded, despite its rejection of the UN Comprehensive Settlement Plan in 2004, presents a high risk of damaging the settlement aim at a time when the efforts for a just and lasting settlement in Cyprus under the auspices of the UN have intensified and reached a critical stage.
Taking into consideration the critical stage of the ongoing negotiations in the Island, the timing of this judgment has also been most unfortunate from the stand point of good will and legal objectivity. It should be known by all concerned parties that this judgment cannot have an impact on the issues related to the Property chapter of the negotiations.
The approach of the UK as a guarantor power during the process which resulted with this judgment that can negatively affect the ongoing negotiating process is noteworthy. It is also observed that the British Court of Appeal ignored the existence of an effective legal system in Northern Cyprus, which was also emphasized in the ECtHR judgments.
The measures to be taken as regards this judgment are being evaluated together with the TRNC authorities.