Succession

Cyprus

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Cyprus

Article 78 (a) - the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 45(1) and with appeals against decisions on such applications in accordance with Article 50(2)

The competent courts are the District Courts.

  • District Court of Nicosia

Address: Charalambou Mouskou, 1405 Nicosia, Cyprus

Tel.: (+357) 22865518

Fax: (+357) 22304212/22805330

Email: chief.reg@sc.judicial.gov.cy

  • District Court of Limassol

Address: Leoforos Lordou Vyronos 8, P.O. Box 54619, 3726 Limassol, Cyprus

Tel.: (+357) 25806100/25806128

Fax: (+357) 25305311

Email: chief.reg@sc.judicial.gov.cy

  • District Court of Larnaca

Address: Leoforos Artemidos, 6301 Larnaca P.O. Box 40107, Cyprus

Tel.: (+357) 24802721

Fax: (+357) 24802800

Email: chief.reg@sc.judicial.gov.cy

  • District Court of Paphos

Address: Corner of Neofytou and Nikou Nikolaïdi, 8100 Paphos, P.O. Box 60007, Cyprus

Tel.: (+357) 26802601

Fax: (+357) 26306395

Email: chief.reg@sc.judicial.gov.cy

  • District Court of Famagusta

Address: Sotiras 2, Megaro Tzivani, 5286 Paralimni, Cyprus

Tel.: (+357) 23730950/23742075

Fax: (+357) 23741904

Email: chief.reg@sc.judicial.gov.cy

Article 78 (b) - the procedures to contest the decision given on appeal referred to in Article 51

Cypriot law does not provide for any procedure for contesting a decision given by the Supreme Court (Anótato Dikastírio) on such an appeal.

However, if a decision declaring enforceability is challenged by means of an application for a prerogative writ (pronomiakó éntalma) heard by a judge of the Supreme Court, then an appeal (éfesi) may be brought against the judge’s decision, as it would be in civil cases.

In any case, if it is claimed that there has been a breach of human rights, an individual application may be brought before the European Court of Human Rights (ECHR) in Strasbourg.

Article 78 (c) - the relevant information regarding the authorities competent to issue the Certificate pursuant to Article 64

The issuing authority for the European Certificate of Succession is the District Court (Eparchiakó Dikastírio) with local jurisdiction, as referred to above in the case of an application for a declaration of enforceability.

Article 78 (d) - the redress procedures referred to in Article 72

The form of redress available against a decision taken by the issuing authority, i.e. the District Court, with regard to issuing a Certificate is an appeal to the Supreme Court, in accordance with the Rules of Civil Procedure (Thesmoí Politikís Dikonomías).

By way of exception, the Supreme Court may grant authorisation to file a prerogative writ, in which case the same applies as set out above.

Article 79 - Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)

The only authority that exercises judicial functions or acts pursuant to a delegation of power by a judicial authority or acts under the control of a judicial authority is the registrar (protokollitís) of each District Court, pursuant to Section 13 of the Administration of Estates Law, Cap. 189. However, the conditions for these competences set out in Article 3(2) of the Regulation are not met, so the registrar is not considered to be a ‘court’ within the meaning of the Regulation.

Given the definition of the term ‘decision’ in Article 3(1)(g) of the Regulation, the only competence of the registrar that meets all the conditions of Article 3(2) of the Regulation is determining costs of applications and proceedings in general related to succession, so when exercising that competence the registrar does fall within the meaning of ‘court’ under the Regulation.

Last update: 18/04/2019

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