CYPRUS Trends and Developments Contributed by: Ioannis Economou, Eleftherios Economou and Michalis Zivanaris, Economou & Co LLC
istrative 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. EU Regulation 1215/2012 does not apply to: • revenue, customs or administrative matters; • state liability for acts and omissions in the exercise of state authority; • the status or legal capacity of natural persons, or rights in property arising from a matrimonial rela - tionship or similar relationships; • bankruptcy proceedings and similar processes; • social security; • arbitration; • maintenance obligations arising from family rela - tionships, parentage, marriage or affinity; and • wills and succession, including maintenance obli - gations arising by reason of death. UK Post-Brexit, judgments issued by the courts of the UK are recognised and enforced pursuant to the Foreign Judgments (Reciprocal Enforcement) Law (Cap 10). The term “judgment” encompasses a monetary judg - ment or order given by a court in any civil or criminal
proceedings. The judgment must be final and con - clusive and amenable to execution in the country of origin. A judgment will be deemed final and conclusive notwithstanding that an appeal may be pending. As a member of the EU, Cyprus is also bound by the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Com - mercial Matters of 2019 (the “Hague Convention”), to which the European Union acceded in July 2022. The Hague Convention, which came into force on 1 September 2023, aims to reduce costs, promote access to justice, facilitate trade, and manage trans - action and litigation risks. It applies to civil and com - mercial judgments, excluding certain matters like family law, insolvency, privacy, IP, and specific anti - trust issues. Very recently, the UK also ratified the Hague Convention (effective 1 July 2025) which will now apply to civil and commercial judgments in the courts of England and Wales. This development rep - resents a significant step forward in international legal co-operation, providing clarity and predictability for cross-border enforcement of judgments. Russia, Georgia and Belarus Judgments issued by the courts of Russia, Georgia and Belarus are recognised and enforced pursuant to the Treaty between the Republic of Cyprus and the Union of Soviet Socialist Republics on Legal Assis - tance in Civil and Criminal Matters (L172/86). Accord - ing to Article 23 of the treaty, judgments amenable to enforcement include: • judgments rendered in civil matters and amicable settlements approved in court; • judgments for the payment of legal costs; and • judgments in criminal matters concerning the pay - ment of damages and other civil law claims. Some indicative requirements for the recognition and enforcement of a judgment issued in these states include: (i) the judgment being final and enforceable under the law of the contracting state; (ii) proper noti - fication to parties; (iii) the jurisdiction of the issuing court; and (iv) the absence of prior final judgments on the same matter.
125 CHAMBERS.COM
Powered by FlippingBook