CYPRUS Law and Practice Contributed by: George Middleton, Christoforos Iosif and Chrystalla Hadjigeorgiou, Chryssafinis & Polyviou LLC
Bilateral Treaties The Republic of Cyprus has entered into, and is in the process of entering into, bilateral treaties with other states regarding the recognition and enforcement of judgments specifically from these states. Where a judgment is issued from a state with which the Repub - lic has a bilateral treaty, the provisions of this treaty will apply. Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters On 1 September 2023, the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters entered into force. It does not prevent or limit the recognition and enforcement of judgments under national law, bilat - eral, regional or other international instruments (Arti - cles 15 and 23, with the exception of Article 6). This basically means that it essentially complements the existing instruments for the recognition of judgments. Common Law A foreign judgment can alternatively be recognised and enforced at common law. The process involves filing an action based on the foreign judgment. Other than procedural aspects, the foreign judgment debtor may also invoke the argument of Cypriot public policy. 3.2 Variations in Approach to Enforcement of Foreign Judgments The procedure and legal requirements that need to be met for the purpose of recognition and enforcement of a foreign judgment vary to a significant extent depend - ing on the country of origin of the foreign judgment, as different legal frameworks apply in each case, as described in 3.1 Legal Issues Concerning Enforce- ment of Foreign Judgments . 3.3 Categories of Foreign Judgments Not Enforced In relation to EU judgments, the relevant EU Regula - tion 1215/2012 relates to judgments as “ [a]ny judg - ment given by a court or tribunal of an EU member
state, whatever the judgment may be called, includ - ing a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court”. The Regulation does not seem to extend to revenue, customs or administrative matters or to the liability of the state for acts and omissions in the exercise of state authority (acta iure imperii). In addition, the Regulation does not apply to: • the status or legal capacity of natural persons, rights in property arising out of a matrimonial rela - tionship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage; • bankruptcy proceedings relating to the winding up of insolvent companies or other legal persons, judi - cial arrangements, compositions and analogous proceedings; • social security; • arbitration; • maintenance obligations arising from a family rela - tionship, parentage, marriage or affinity; and • wills and succession, including maintenance obli - gations arising by reason of death. With regard to foreign judgments issued by courts of countries with which Cyprus has entered into bilat - eral or multinational treaties, the foreign judgments that may be recognised in Cyprus will depend on the provisions of the treaties and usually concern civil or commercial matters (but many also include judgments on matrimonial disputes). In terms of common law enforcement of foreign judg - ments, the following requirements must be met for a foreign judgment to be registered and enforced in Cyprus under common law rules. • The judgment must be for a definite sum, limited to enforceable monetary judgments. • The judgment must be final and conclusive, and not subject to alteration by the issuing court, except where an appeal stays the judgment. • The foreign court must have had jurisdiction under Cypriot conflict of law rules to issue the judgment.
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