CYPRUS Trends and Developments Contributed by: Ioannis Economou, Eleftherios Economou and Michalis Zivanaris, Economou & Co LLC
• recognition would be manifestly contrary to public policy in the member state addressed; • the judgment was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equiva - lent document in sufficient time and in such a way as to enable it to arrange for its defence, unless the defendant failed to commence proceedings to challenge the judgment when it was possible for it to do so; • the judgment is irreconcilable with a judgment given between the same parties in the member state addressed; or • the judgment is irreconcilable with an earlier judgment given in another member state or in a third state involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the member state addressed. In addition, the grounds for refusal or suspension of enforcement under the law of the member state addressed will apply in so far as they are not incom - patible with the grounds referred to in Article 45 of EU Regulation 1215/2012. UK As regards judgments issued by UK courts, the For - eign Judgments (Reciprocal Enforcement) Law pro - vides that the only discretionary factor which may lead a Cypriot court to decline to recognise a judgment is if: • the matter under dispute in the judgment for which recognition is sought was previously decided by another court with jurisdiction in the matter; and • the matter thus under dispute was finally and conclusively decided by the other court before the issuance of the judgment for which recognition is sought in Cyprus. Moreover, the registration will be set aside if: • the judgment was registered in contravention of the Foreign Judgments (Reciprocal Enforcement) Law; • the courts where the original judgment was issued had no jurisdiction; • the judgment debtor did not (notwithstanding that process may have been duly served on it in
accordance with the law of the country where the original judgment was issued) receive notice to enable it to defend the proceedings and did not appear; • the judgment was obtained by fraud; • enforcement of the judgment would be contrary to public policy in the country of the registering court; or • the rights under the judgment are not vested in the person by whom the application for registration was made. Domestic judgments A domestic judgment is generally enforceable as soon as it is issued, unless specified otherwise. The filing of an appeal against it does not in itself suspend or stay enforcement, unless an application for stay of execu - tion is filed by the judgment debtor to that effect. Procedure for enforcement The enforcement of a judgment is usually carried out by the lawyer who handled the case before the court, who proceeds by one of the methods of enforcement mentioned under “Methods of enforcement”. In cer - tain methods, an application to the court is required. Enforcement is carried out mainly by judicial bailiffs, who are the permanent staff of the courts. The debtor, as well as any third party, is obliged to comply with the decision ordering the enforcement measure. If the debtor refuses or fails to perform the actions ordered to be performed, proceedings may be brought against said debtor for imprisonment for con - tempt of court. For example, a bank which is served with a writ of attachment in favour of a third party is obliged to freeze the relevant account unless it has reason to contest it. In which instance, it must appear before the court that issued it and show cause why this should not be the case. Methods of enforcement A domestic judgment can be enforced in Cyprus through: • a garnishee order to seize assets of the judgment debtor in the hands of a third party; • a writ of execution for the sale of movables which may be issued following a request by the judgment
127 CHAMBERS.COM
Powered by FlippingBook