Greek Cypriots can claim back land, EU court says

 

Cyprus joined the EU in 2004, but negotiations on its re-unification are still ongoing (Photo: European Commission)

ELITSA VUCHEVA

Today @ 09:16 CET

The EU’s top court on Tuesday (28 April) ruled in favour of a Greek Cypriot reclaiming his land in the Turkish-controlled northern part of Cyprus – a move that could open the way for more Greek Cypriots to follow the example – and potentially harden divisions on the island.

Meletis Apostolides, who fled his land when Turkish troops invaded the northern part of Cyprus in 1974 following a Greek-inspired coup, is entitled to reclaim it back, the European Court of Justice ruled.

Linda and David Orams, a British couple who had meanwhile purchased the land and built a villa there, should demolish it and leave, the ECJ said, backing the verdict of a Cypriot court from 2004.

The ECJ also stressed that the UK had to accept the judgments of the Cypriot court, although application of EU law in Northern Cyprus was suspended for the purposes of Cyprus’ EU accession.

“The recognition and enforcement of the judgements of the Cypriot court cannot be refused in the United Kingdom,” it stressed.

“The fact that the land concerned is situated in an area over which the government does not exercise effective control … does not preclude the recognition and enforcement of those judgements in another member state,” it added.

Mr Apostolides said he was very pleased with the ruling and that it was “what we expected.”

“This is a difficult issue that has to be decided by the courts,” he was quoted by the BBC as saying.

‘A negative impact’

Cyprus – an EU member state that joined the bloc in 2004 – has been independent since 1960 and divided since 1974. Currently Northern Cyprus is only recognised by Turkey.

After the Turkish invasion in 1974, some 170,000 Greek Cypriots fled to the south of the island, abandoning their properties, which were then distributed among Turkish Cypriots.

Many properties were subsequently sold on to foreigners, mainly from the UK, with the island becoming an increasingly attractive destination in recent years.

The ECJ’s judgment is likely to incite more Greek Cypriot to claim back their land, which is in turn likely to trigger strong opposition among Turkish Cypriots.

Disputes related to Greek and Turkish Cypriots forced to leave their properties as a result of the partition have been among the main obstacles to the reunification of the divided island.

A spokesman for Turkish Cypriot leader Mehmet Ali Talat said the ruling would “negatively impact” talks between Mr Talat and the island’s Greek Cypriot president, Dimitris Christofias, when it comes to future property arrangements.

The ECJ ruling “certainly does sour the atmosphere,” Emine Erk, a northern Cypriot lawyer who had been following the case closely, told the Financial Times.

The verdict will be perceived by Turkish Cypriots as an offence, she added.

Meanwhile, the Greek Cypriot-run government welcomed the judgement.

The court “has defended the property right of the citizens of the Republic of Cyprus, as EU citizens, irrespective of whether the property is located in the free or in the occupied areas,” spokesman Stefanos Stefanou was quoted by AFP news agency as saying.

https://euobserver.com/rule-of-law/28029