CYPRUS Trends and Developments Contributed by: Ioannis Economou, Eleftherios Economou and Michalis Zivanaris, Economou & Co LLC
Ukraine Judgments issued by the courts of Ukraine are rec - ognised and enforced pursuant to the Agreement between the Republic of Cyprus and Ukraine on Legal Assistance in Civil Matters (L8 (III)/2005). The term “judgment” includes judgments rendered in civil matters (including family matters and amicable settle - ments approved in court) and judgments in criminal matters concerning damages. Such judgments will be recognised and enforced pro - vided they meet conditions such as: (i) finality and enforceability; (ii) proper notification; (iii) absence of conflicting final judgments; (iv) compliance with public order; and (v) jurisdiction of the issuing court. Procedure for recognition and enforcement The formal process for recognition and enforcement depends on the statute which applies in the individual case. In other words, the process varies according to which instrument or statute is applicable. • EU Regulation 1215/2012 – recognition and enforcement of an EU judgment require no special procedure. A judgment creditor may register an EU judgment by addressing a letter to the registrar of the competent district court. Once registered, the judgment may be enforced as if issued by a Cypriot court. • Cypriot statutory regime – for foreign judgments originating from states with bilateral treaties (excluding EU member states), the Decisions of Foreign Courts (Recognition, Registration, and Enforcement) Law (L121 (I)/2000) governs the process. An application by summons, supported by an affidavit, must include a certified copy of the judgment, a Greek translation, and a legal opinion on the judgment’s finality and enforceability. • Cap 10 – the recognition procedure under this law involves an ex parte application within six years of the judgment or last appeal. The application must be accompanied by an affidavit with certified cop - ies and translations of the judgment, and state - ments confirming the enforceability and satisfac - tion status. • Common law – if a foreign judgment does not fall under bilateral treaties or statutory laws, it may be enforced under common law, treating it as a debt.
This method of enforcement requires an action being filed for the amount of the judgment debt and costs, with the possibility to seek summary judgment against the defendant. Injunctive relief In the course of proceedings for the recognition and enforcement of foreign judgments, whether under the statutory regime or common law, the judgment credi - tor has the option of seeking the following interim relief on an urgent basis (subject to fulfilling the relevant conditions set out in Section 32 of the Courts of Jus - tice Law (14/60) and Section 9 of the Civil Procedure Law, Cap 6): • a freezing injunction in relation to assets held by the judgment debtor to prevent them from being dissipated while the recognition proceedings are pending; • a Chabra injunction in relation to assets beneficially owned by the judgment debtor but held in the name of third parties, ensuring the preservation of such assets; • the appointment of an interim receiver, aimed at preserving the assets blocked by an injunction and safeguarding them during the proceedings; and • Norwich Pharmacal orders and gagging orders compelling any third parties – such as banks or service providers – to disclose relevant informa - tion and documents to aid the claimant in tracing assets and identifying other wrongdoers. A gag - ging order prevents the respondent from inform - ing any third party (including wrongdoers) of the pendency of the proceedings, in order to enable the claimant to get the information and documents that it requires. Defences to recognition and enforcement The grounds on which the recognition and enforce - ment of a foreign judgment can be challenged are generally limited. EU Regulation 1215/2012 The recognition and enforcement of a judgment issued by a court of an EU member state may be challenged on any of the following grounds (this list is not exhaus - tive):
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