Tuesday, 19 January 2010
A London court ruled Tuesday that a British couple who built a holiday home in Turkish Cyprus must demolish it, backing previous judgments in Nicosia and Europe.
David and Linda Orams must now hand the land back to the original owner of the property in Lapithos, Meletios Apostolides, and pay him damages.
Apostolides' family fled to Greek Cyprus when Turkey intervened in an Athens-backed coup in 1974, and he launched a court action in Greek Cyprus, which was followed by a string of subsequent legal hearings amid disagreements over the case.
But Tuesday's judgment by the Court of Appeal in London backs the Nicosia court and the European Court of Justice, or ECJ, and could set a precedent for thousands of other people who have built holiday homes in Turkish Cyprus.
"This creates a new legal framework in those cases where foreigners are trespassing on such properties," Constantis Candounas, Apostolides' lawyer, said afterwards. "But each case must be decided on its own particular facts."
The Orams argued at the latest court hearing that the president of the ECJ, Vassilios Skouris, could have been biased when his court ruled that British courts should enforce the Nicosia court's decision.
Their lawyers alleged that Skouris had links to the president of Greek Cyprus, who had awarded him an honor.
But appeal court judge Malcolm Pill rejected this, saying: "There was no real possibility that the president [of the ECJ] would be influenced by the honor he received or by his other contacts.
"The judgment of the court is in no way tarnished by those contacts, considered either individually or cumulatively."
