Injunctions with extra-territorial effect
Before the accession of Cyprus to EU the Cyprus Courts did not have jurisdiction to issue injunctions with extra-territorial effect. The leading case which adopted the above principle was the Supreme Court decision in the Pastella case.
Upon the accession of Cyprus to EU, the jurisdiction of the Cyprus Courts to issue injunctions has been extended by the Council Regulation (EC) No. 44/2001 of December 22nd, 2000 “On Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters” (“the Regulation”). Pursuant to the provisions of the said Regulation, - (which has adopted the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters) - Cyprus Courts have power to grant interim relief, when substantive proceedings are pending before any EU Member State and the subject-matter of the proceedings is within the scope of the Regulation.
In addition, Cyprus Courts are empowered to issue ex-parte injunctions which pursuant to the terms of the Regulation can be registered and enforced in any EU Member-State.
In a recent decision of the Supreme Court of Cyprus (full bench) in its appellate jurisdiction, namely the SEAMARK CONSULTANCY SERVICES LTD v. JOSEPH LASALA & OTHERS, the Pastella case was declared not a good law and the jurisdiction of the Cyprus Courts to issue injunctions with extra-territorial effect has been recognised and is now covering also countries not members of EU.
The new position of the Supreme Court of Cyprus on the issue of the injunctions with extra-territorial effect has been influenced by the numerous previous English decisions on the matter.
Now on the basis of the provisions of the Regulation, Cyprus Courts can issue any injunction with extra-territorial effect even if the Defendants / Respondents do not reside within the jurisdiction of the Cyprus Courts because such injunctions can be registered and enforced in any EU Member State.
Furthermore pursuant to the principles laid down in the Supreme Court case SEAMARK CONSULTANCY v. LASALA & OTHERS, Cyprus Courts are empowered to issue injunctions with extra-territorial effect in countries which are not member States of EU provided that the Defendants / Respondents are within the jurisdiction of the Cyprus Courts -(due to the fact that the order operates in personam).
For further information on this topic please contact
Mr. Soteris Pittas( spittas@pittaslegal.com ) at SOTERIS PITTAS & CO LLC,
by telephone (+357 25 028460) or by fax (+357 25 028461)
The content of this article is intended to provide a general guide to the subject matter. Specialist advise should be sought about your specific circumstances.
