CYPRUS Trends and Developments Contributed by: Ioannis Economou, Eleftherios Economou, Michalis Zivanaris and Elli Economou, Economou & Co LLC
The Legal Landscape in Cyprus The legal and regulatory provisions governing the recognition and enforcement of foreign judgments in Cyprus are a combination of various instruments such as bilateral treaties, domestic legislation, and EU regulations. In addition, the Foreign Judgments (Reciprocal Enforcement) Law (Cap 10), modelled after the cor - responding English legislation (the Foreign Judgments (Reciprocal Enforcement) Act 1933), applies to judg - ments obtained in the courts of the United Kingdom and its dominions. In situations where no bilateral treaty exists between Cyprus and the country in which a foreign judgment originated, the Cyprus courts, by virtue of Section 29 (1)(c) of the Courts of Justice Law (14/60), apply common law principles related to the recognition and enforcement of these foreign judg - ments. Bilateral and multilateral instruments Cyprus has concluded bilateral agreements with vari - ous non-EU states governing the mutual recognition and enforcement of judgments. Examples of such agreements include: • the Agreement between the Republic of Cyprus and the Syrian Arab Republic on Legal Assistance in Civil and Criminal Matters (L160/86, L13 (III)/97); • the Treaty between the Republic of Cyprus and the Union of Soviet Socialist Republics on Legal Assistance in Civil and Criminal Matters (L172/86). This treaty is still applicable with regard to Russia, Georgia and Belarus; • the Agreement between the Republic of Cyprus and the Arab Republic of Egypt on Judicial and Legal Assistance in Civil and Criminal Matters (L32 (III)/92, L14 (III)/96); • the Treaty between the Republic of Cyprus and the People’s Republic of China on Judicial Assistance in Civil, Commercial and Criminal Matters (L19 (III)/95); • the Agreement between the Republic of Cyprus and the Great Socialist People’s Libyan Arab Jamahiriya on Legal Assistance in Civil, Commer - cial and Criminal Matters (L32 (III)/2005);
• the Agreement between the Republic of Cyprus and Ukraine on Legal Assistance in Civil Matters (L8 (III)/2005); and • the Agreement for Cooperation in the Legal Field between the Government of the Republic of Cyprus and the Government of the State of Qatar (L16 (III)/2019). EU Regulation 1215/2012 The process of recognising and enforcing judgments between EU member states has been streamlined since the implementation of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“EU Regulation 1215/2012”). This regulation facilitates the recognition and enforce - ment of judgments related to civil and commercial matters across the European Union, eliminating the need for any additional declaration of enforceability (exequatur). As a result, a judgment passed in one EU member state is almost automatically recognised in all other EU member states, removing significant administrative hurdles and leading to smoother cross- border administration of justice. Furthermore, the European Payment Order (EPO), established by EU Regulation 1896/2006, facilitates the collection of uncontested monetary claims in civil and commercial matters across EU member states, with the exception of Denmark. An EPO issued by a court in one member state is automatically recognised and directly enforceable in any other member state without the need for a declaration of enforceability. The EPO procedure is different from the European Small Claims Procedure, which simplifies and speeds up litigation concerning small claims in civil and com - mercial matters. Conditions for Enforcement EU member states Judgments issued by the courts of EU member states are recognised and enforced pursuant to the provi - sions of EU Regulation 1215/2012. Notably, the term “judgment” includes provisional and protective meas - ures but does not include those ordered without the defendant being summoned unless the judgment is served on the defendant prior to enforcement.
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