Cyprus-Forum.com

[Malapapa]

Don't bother arguing with MiserableGerman, he obviously doesn't understand the finer points of the precedents set.

Maybe not but i understand the main points and they are, you are stuffed my friend and time is running out. To long you have been the bully and worked hard at your propoganda to suppress a people just wanting a place to call their own and to build a country/state to self govern and avoid suppression or extinction. You wanted to much mate and were unwilling to comprimise and now the world sees you as you are a bully devoid of comprimise and their patience is waining if not totally run out. You crowed to early just get used to them Northern lot i think they are here to stay and so are their guests.
See you in the sunshine

saurkraut, your assertions are simply not backed up by any of the legal facts before us. The IPC ruling was inevitable given the ECHR's role to protect human rights, (for reasons already explained).

Time will tell whether the Cypriot government, which has jurisdiction over the whole island, is willing and able to challenge the IPCs status as an "effective local remedy". Perhaps if the talks fail...

Meanwhile, suing foreign trespassers will continue in the EU courts.

[saurkraut]

Don't bother arguing with MiserableGerman, he obviously doesn't understand the finer points of the precedents set.

CBBB, he's not German. Have a closer look at his choice of words e.g. calling me "hen".

So, he's a 6ft tall Scot.

Not even close chuck look further east "Guten Nacht Frau kranken kopf ich gehe jetzt ins Bett"

[CopperLine]

In short this ECHR decision means that the Court has found that the IPC is indeed the proper place in which to lodge and have adjudicated those property claims in the north. Notwithstanding the legal standing of TRNC and notwithstanding the legitimacy of RoC, the effective administration of the north with respect to disputed property is the IPC.

Further the Court found that on record hitherto the IPC was effective and should therefore be the first and main mechanism for remedy. Thus if GCs (or whoever) wish to make property claims in the north, they must exhaust the local remedy i.e, the IPC.

The relationship with the Apostolides v.Orams judgment at ECJ is tangential to this ECHR judgment. This ECHR judgment does not in any way alter (nor did the case under judgment seek to alter) and does not address (nor did the case under judgment seek to address) the issues contested in A v. O. This ECHR case refers to the appropriateness and effectiveness of the property remedy available in the north's effective jurisdiction. The A v. O case refers to the justiciability and enforcement of judgment of a case heard in RoC (Neither A nor O ever made a case in the north).

In my assessment - and on balance - the effect of this ECHR decision will be to funnel more cases through the IPC if claimants want resolution sooner rather than later and in the absence of a political settlement. Those who don't want to use or refuse to use the IPC in their attempt to recover property might have just been given, therefore, an added incentive to support a comprehensive settlement. Although the ECJ ruling confirms the justiciability and enforcement issues and potentially opens many in the north to litigation across the EU, this will be primarily of harassment value: it will not restore properties in the north to rightful owners.

In sum, in my view the scene looks like this : if we've got property claims in the north we can either,
(a) go through the long, tortuous but ultimately effective process [according to ECHR] of applying to the IPC; or,
(b) go through the even longer and even more tortuous process of the ECHR and still not get the property back, perhaps just a favourable judgment and possible pecuniary damages ; or,
(c) go through the longer, still tortuous RoC and wider EU litigation which has harassment value but will still not get the property back; or finally,
(d) seek a political settlement in which property restitution is an agreed priority.

(I guess some or all of these could be done together .... if you are already rich)

[Oracle]

IMO This is the crucial point:

The Court also stressed that this decision was not to be interpreted as an obligation to make use of the IPC; the claimants could choose to await a political solution. However, if applicants wished to lodge an application before the European Court of Human Rights, its admissibility would be decided in line with the present principles.

Bite size:

The Court also stressed that this decision was not to be interpreted as an obligation to make use of the IPC;

There is no obligation to go via IPC.

the claimants could choose to await a political solution.

In context, this "political solution" is whether the RoC decides to contest whether the IPC is legal or not.

However, if applicants wished to lodge an application before the European Court of Human Rights, its admissibility would be decided in line with the present principles.

This is just re-iterating that if the RoC hasn't invalidated the IPC, then the ECHR would still expect applicants to have gone through the IPC -- but not stating how long they should allow for a result with the IPC before being considered "exhausted" means that all one has to do is apply to the IPC, wait say a fortnight/month and then go via the ECHR.

[CBBB]

Don't bother arguing with MiserableGerman, he obviously doesn't understand the finer points of the precedents set.

CBBB, he's not German. Have a closer look at his choice of words e.g. calling me "hen".

So, he's a 6ft tall Scot.

I was just translating his name and his disposition.

[repulsewarrior]

Don't bother arguing with MiserableGerman, he obviously doesn't understand the finer points of the precedents set.

CBBB, he's not German. Have a closer look at his choice of words e.g. calling me "hen".

So, he's a 6ft tall Scot.

I was just translating his name and his disposition.

[repulsewarrior]

seriously, but in simple terms
with this ruling, you want money
try the IPC, as a Cypriot wait
for a political solution, and as a
European you have Individual Rights.

you cannot have what is not yours
and if its yours you can get money

...that is what was said.

[DT.]

The fact is that Turkey admitted that the IPC is a Turkish remedy and not a "trnc" remedy. Therefore since the IPC is a Turkish governmental mechanism then the admittance that the effective administration in the north is Turkey follows due to the illegal occupation.

As Achilleas Demetriades stated last night, Turkey has effectively reversed its recognition of the "trnc" last night and addmitted it is the authority for people to go to due to Turkey's actions of invasion and occupation of property.

As far as the ECHR is concerned, the "trnc" is no longer a pseudostate but an occupation regime ran by Turkey.

[vaughanwilliams]

What it is saying is that once the biased RoC has made its expected desision and goes crying to a UK court to enforce its findings the UK court can NOW tell you to sod off and use the European approved IPC. You lot took the money now you are finding that Europe really are pretty tired of your petulance and dummy spitting tantrums and expect you to sort out your own shit, and grow up and smell the coffee. You dudes have been put back in your box and no mistake, who is laughing now eh????

I wondered when the sourcunt was going to return with his boolocks.

Anyway here is what the cheapskates are saying on the darkside. They are rejoicing in their own jizz with this decision.

http://www.cyprus44.com/forums/31825.asp

They thik that Turkey gives a shit about them, and I wait the day when we will be marching those MFs into the sea.

Oh have you also seen them crying over the Genocide resolution. My god you'd think they were turks hurting for their mother land, rather a bunch of gutter crap yobs. I hope they all go to hell.

"They are rejoicing in their own jizz with this decision."
Not the way I read the posts, they aren't. I would say it is being received as welcome news and a change from the usual bad news.
Most folks on Cy44 are not bitter and twisted minded people who revel in news that is good for some, bad for others, unlike some on this forum.

[Get Real!]

What it is saying is that once the biased RoC has made its expected desision and goes crying to a UK court to enforce its findings the UK court can NOW tell you to sod off and use the European approved IPC. You lot took the money now you are finding that Europe really are pretty tired of your petulance and dummy spitting tantrums and expect you to sort out your own shit, and grow up and smell the coffee. You dudes have been put back in your box and no mistake, who is laughing now eh????

I wondered when the sourcunt was going to return with his boolocks.

Anyway here is what the cheapskates are saying on the darkside. They are rejoicing in their own jizz with this decision.

http://www.cyprus44.com/forums/31825.asp

They thik that Turkey gives a shit about them, and I wait the day when we will be marching those MFs into the sea.

Oh have you also seen them crying over the Genocide resolution. My god you'd think they were turks hurting for their mother land, rather a bunch of gutter crap yobs. I hope they all go to hell.

"They are rejoicing in their own jizz with this decision."
Not the way I read the posts, they aren't. I would say it is being received as welcome news and a change from the usual bad news.
Most folks on Cy44 are not bitter and twisted minded people who revel in news that is good for some, bad for others, unlike some on this forum.

Just inform your friends there that trespassing laws are NOT affected by this and that's all that concerns carpetbaggers!