By: N. Pirilides & Associates LLC
Last November marked a new era for the legislation surrounding injunction relief in Cyprus through the amendment of, inter alia, article 32 of Cyprus Courts Law of 1960, L.14/60 (the “Law”).
While the amendments are not elaborate nor extensive, they are monumental to the usage of injunctions, by essentially expanding the territorial jurisdiction of Cypriot Courts.
Before the amendment, jurisdiction could only be established in accordance to the provisions of Article 21 of the Law. To that effect, in Alekseyevich Taruta Sergey and other (2014) 1 ΑΑΔ 1106, the Supreme Court held that the mere existence of assets in Cyprus was not enough to establish jurisdiction when the defendant did not reside on the island. The recent changes implemented, however, essentially expand the scope of Cypriot Courts’ territorial jurisdiction in a way that the mere existence of assets in Cyprus is now deemed to be sufficient. Further, what makes the amendments truly remarkable is that even if there are no assets in Cyprus, one can establish jurisdiction for the purposes of issuing injunctions, if a link to the Republic can be proven. It is expected that further guidance on what constitutes such a “link” shall be provided through judicial interpretation.
In addition, among the most distinctive amendments lies the fact that an injunction can now be granted at any stage, even before the commencement of an action, widely known as “stand-alone injunctions”. Allowing for such stand-alone injunctions to take place, significantly expedites the procedure and really speaks to the urgent nature of injunctions.
Our firm is fully equipped to advice and guide you in securing your best interests in any matter that may require the remedy of injunctions.
