CYPRUS Law and Practice Contributed by: Menelaos Kyprianou, Constantina Zantira, Andreas Lytras and Eleana Poulladou, Michael Kyprianou & Co LLC
6.6 Summary Judgment According to Rule 24 of the new Civil Procedure Rules of 2023, both the claimant and the defendant can apply to the court for the issuance of a summary judgment before the case proceeds to a hearing on the merits. The court may grant a summary judgment against the claimant or the defendant, either in rela- tion to the entire claim or regarding a particular matter where: • the courts thinks that (a) the claimant does not have real prospects of success in the claim or the particular matter, or (b) the defendant does not have real prospects of successful defence in the claim or the particu- lar matter; and • there is no other imperative reason why the claim or particular matter should proceed to trial. 7. Mass Claims and Class Actions 7.1 Procedural Mechanisms Currently, under Cyprus law there is no provision for a single, unified class action regime. However, the Civil Procedure Rules provide mechanisms for collective redress. Rule 20.3 of the Civil Procedure Rules clarifies that when a claimant claims a remedy to which some other person is jointly entitled with the claimant, then all persons jointly entitled to the remedy must be par- ties to the claim. In the event that such person does not agree to be a claimant, then that person must be added as a defendant to the claim. Further, Rule 20.7 of the Civil Procedure Rules allows for representative proceedings, whereby numerous persons having the same interest in one cause or mat- ter may be authorised by the court to sue or be sued through one or more representatives. The court must be satisfied that the parties share a common legal and factual interest. In addition, Rule 3.7 of the Civil Procedure Rules pro- vides for the joinder of parties, allowing multiple claims to be joined in a single action where their claims arise
out of the same transaction or series of transactions and involve a common question of law or fact. Finally, the Law on Issuance of Judicial Orders and Registration of Representative Actions for the Protec- tion of the Collective Interests of Consumers (Law 91 (I)/2023) implements the EU Directive 2020/1828 on representative actions for the protection of the collec- tive interests of consumers in Cyprus. The law allows qualified entities, such as consumer organisations and designated public bodies, to bring representa- tive actions in order to seek injunctive and redress measures on behalf of groups of consumers. 7.2 Standing Requirements As aforementioned, Cyprus does not have a single, unified class action system. Standing in collective pro- ceedings arises through the provisions of Rules 20.3, 20.7 and 3.7 of the Civil Procedure Rules and, in cases of consumers’ rights, through the provisions of Law 91 (I)/2023 described at 7.1 Procedural Mechanisms . 7.3 Relief In Cyprus, representative actions can provide both injunctive and compensatory relief. Under the Civil Procedure Rules, courts may grant the following: • declaratory orders; • injunctive relief; • specific performance; or • damages for actual or consequential loss. Under Law 91 (I)/2023, implementing Directive (EU) 2020/1828, qualified entities may seek both injunctive and redress measures on behalf of affected consumer groups. These include: • refunds; • price reductions; • repair or replacement; • termination of contracts; and • compensation for losses. In addition, the courts have discretion to order, inter alia, the immediate cessation of the infringement as well as the publication of a corrective statement.
136 CHAMBERS.COM
Powered by FlippingBook