Can foreign judgments be enforced in Cyprus?
A judgment issued by a foreign Court has no direct application in Cyprus, but may be enforced under certain conditions. There is no unified system in Cyprus for the enforcement of foreign judgments.
The foreign judgment may be enforced provided that the following conditions are met:
- the foreign judgment has been issued by a court which has jurisdiction in accordance with Cypriot rules on conflict of laws;
- the foreign judgment is not contrary to the Cyprus public policy;
- the foreign judgment has not been obtained by fraud and
- the proceedings which led to the issue of the foreign judgment were not contrary to the laws of natural justice.
How are EU judgments enforced in Cyprus?
EU judgments are enforced in Cyprus through the procedures laid down in the Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and the Council Regulation (EC) No. 805/2004 of the European Parliament creating a European Enforcement Order for uncontested claims.
The Republic of Cyprus as a member of the European Union is bound by the EC regulations. There was no need to implement the aforementioned Regulations into the national law, as all regulations of the European Union have direct effect on Member States.
Is Cyprus a party to any bilateral treaty or multilateral convention regarding the reciprocal recognition and enforcement of foreign judgments?
Cyprus is party to a number of bilateral treaties in relation to the recognition and enforcement of foreign judgments. Among the countries are the following: the Czech Republic, Hungary, Bulgaria, Greece, Syria, Russia, Ukraine, Belarus, Georgia, Serbia, Slovenia, Egypt, China and Poland.
Cyprus is a signatory as well to the following multilateral conventions:
- the Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters and Supplementary Protocol (Hague Convention); Please note that the Convention has no practical effect on its own because according to Article 21 decisions rendered in a Contracting State shall not be recognised or enforced in another Contracting State unless the two States have signed a supplementary agreement.
- the Convention on the Recovery Abroad of Maintenance (Ratification);
- the European Convention on the Recognition and Enforcement of Foreign Arbitral Awards;
- the European Convention on the Recognition and Enforcement on Certain
International Aspects of Bankruptcy.
For legal advice on the enforcement of a foreign judgment in Cyprus, you can get in touch with our lawyers.