ECJ ruling - response from British government

ilovecyprus


Joined: 08/05/2007
Posts: 2880

Message Posted:
20/08/2009 10:20

http://www.brtk.cc/index.php/lang/en/cat/2/news/53752



There is an acknowledgement of the economic hardship it would cause the Turkish Cypriot people, but the government will not intervene in the court process or procedures.

sporty


Joined: 06/12/2007
Posts: 685

Message Posted:
20/08/2009 10:25

when is the judgement on the orams due in court?dates?

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
20/08/2009 10:54

sometime in november.

TRNCVaughan


Joined: 27/04/2008
Posts: 4578

Message Posted:
20/08/2009 11:05

"the government will not intervene in the court process or procedures."

The government can't be seen to be, anyway.



However, the UK and EU are clearly warning that the TRNC will be pushed into a corner over this and when people are cornered they do things which are not always in other peoples best interest.

RoC - Be careful what you wish for.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
20/08/2009 12:03

Most import part: >>while the EU acknowledges the need for a comprehensive settlement to accommodate a mutually acceptable solution to the property issue as part of a negotiated settlement to the Cyprus problem; its view that the ***E.C.J. ruling does not limit any side’s bargaining position**, is cause for concern.<<



Sorry, I don't get this.. The Apostolides case against the Orams is a civil action, that hasn't been repeated, and now has a defence ( the existence of a ECHR prescribed local remedy - the IPC)



Methinks too much importance is being put on this case..



I KEEP saying - even the "rump" RoC govt didn't want, and don't want more of these cases..

TRNCVaughan


Joined: 27/04/2008
Posts: 4578

Message Posted:
20/08/2009 12:38

Hi mmmmmmmm,



It is the perceived impact that the Orams case has and will have on the TRNC economy that will be detrimental. Potential UK investors in TRNC do not understand the ECHR - IPC relevance and will only be deterred by the outcome.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
20/08/2009 12:52

Dear "TRNC"



re msg 6



So an agreed soln would seem to be the way fwd.. ?!



Weren't we having this type of conversation "here" back in 2003 - before Annan and EU accession ! ;)

Maz


Joined: 29/03/2009
Posts: 1924

Message Posted:
20/08/2009 13:01

Date for the Orams case is 12th and 13th November. The Greeks wanted a morning only, but thanks to the legval team of Orams, there is to be a two day hearing, with the team working quietly to bring in new thoughts - not to be revealed before the day.

In addition, a request has gone to ECJ asking for a re-hearing/reconsideration on several gvrounds, one of which is that the chief judge who has been awarded rec\ognition for all he does for the South and who is Greek, should never have been allowed on the case.

Otherwise, the ECJ ruling is THE LAW, and the courts in U.K will be allowed to seize the Hove property, put it up for auction, make the Orams homeless and pay Apostolides. This can then open the flood gates for thousands of other cases (with which no c\ourts could cope), so don't say this case is NOT important. It is extremely important for the future of Northern Cyprus and not only for the Europeans who have property but also for the 250,000 TC s.

TRNCVaughan


Joined: 27/04/2008
Posts: 4578

Message Posted:
20/08/2009 13:01

An agreed solution has always been the only way forward. Unfortunately, the RoC has a not so hidden agenda of simultaneously trying to force the TRNC to signing up for almost anything using this sort of coercion.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
20/08/2009 13:40

Dear MarieB



re msg 8



>> request has gone to ECJ asking for a re-hearing/reconsideration on several gvrounds, one of which is that the chief judge who has been awarded rec\ognition for all he does for the South and who is Greek, should never have been allowed on the case. <<



I always ask this and NEVER get a reply - so let's see if this is a first..



1/ Do you SERIOUSLY think this has ANYTHING to do with the Judgement ?



2/ Did you remember that the Advocate General had been asked for, and advised the Court of the legal issues of the cases and advised the ruling of the RoC Court could be enforced?



3/ Did you realise that Turkish Judges have sat on many of the ECHR cases ?



>>This can then open the flood gates for thousands of other cases (with which no c\ourts could cope), <<



IF another GC, with VERY deep pockets, wishes to try his/ her luck, a more savvy ex-pat - with property built on what is STILL a GC's land ( ECHR ) now can offer a defence to the RoC.. IPC..

Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
20/08/2009 14:37

I thought part of the opinion was that even though there is the TRNC IPC, it is up to the individual claimant as to whether they use that route.



If the IPC does and is, seen to be a quicker, cheaper & fair route for claimants then they are very likely to use that especially if they get actual posession of their land back as has happened I believe. Am I right in understanding though that there is much resistance and or criticism as to patriatism leveled at those who do use it?



If the Orams do lose this case, GC's will know that that can't lose financially and defendants will have to settle to avoid huge legal fees. The publicity re the Orams will be huge and the damage will have been done to the TRNC without further cases.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
20/08/2009 15:32

Hi Hector



re msg 12



.. it is *TURKEYS* IPC .. and sadly I can't understand why the "rump" RoC persists in claiming the TC Guardian has sole jurisdiction, when this is a ECHR ruling - they can't "pick and choose"..



IF more claims came in from GCs we would really see how serious TR was - historically the ECHR has always upped the settlement offers and agreed that the GC can retain ownership and merely seek compo for loss of use.



If GCs stay away , they simply give the IPC the "cred" they fear !