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January, 10 2020
December, 6 2019
JURISDICTION OF THE CYPRUS COURTS TO GRANT INTERIM RELIEF
CYPRUS: JURISDICTION OF THE CYPRUS COURTS TO GRANT INTERIM RELIEF IN AID AND/OR IN SUPPORT OF PROCEEDINGS PENDING BEFORE THE COURTS OF MEMBER STATES, OR IN AID AND/OR IN SUPPORT OF FOREIGN ARBITRAL PROCEEDINGS
In the European Court case Van Uden Maritime B.V. -v- Deco Line Case C-391/95, the European Court has held inter alia, that the Courts of Member States have jurisdiction to grant interim relief pursuant to the Brussels Convention (i.e. which has been replaced by the EU Regulation 1215/12) in aid and/or in support of proceedings, pending before the Courts of a Member State, or in support and/or in aid of international arbitral proceedings, only when there is a real connecting link between the subject matter of the measures sought, and the territorial jurisdiction of the Court of the Contracting State before which those measures are sought.
The above principle laid down in Van Uden has been adopted and followed by the Cypriot Courts in, inter alia, the Cadogan Case (2009), Trafalgar Developments case (2017) and Commerzbank -v- The Ship “TOUR 2”.
In the absence of a real connecting link, between the subject matter of the requested injunctions and the territorial jurisdiction of the Cypriot Courts, Cypriot Courts do not have jurisdiction to grant such interim relief, as per Article 35 of the EU Regulation 1215/12, either in aid, or in support of proceedings pending before the Courts of a Member State, or in aid or in support of foreign arbitral proceedings.
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