Mutual recognition of protection measures in civil matters

Cyprus

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Cyprus

Article 17 - Information made available to the public

Section 32 of the Courts of Justice Law, Law 14/60, states that every court in the exercise of its civil jurisdiction may grant a prohibitory injunction (interlocutory, perpetual or mandatory).

Under Section 16 of the Family Courts Law, Law 23/90, family courts enjoy the same powers.

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

The authority competent to order protection measures is the district court (Eparchiakó Dikastírio tis Dimokratías) of the district in which the applicant is residing or staying at the relevant time.

In the event of a dispute under family law, the competent authority is the family court (Oikogeneiakó Dikastírio tis Dimokratías) of the district where either the applicant or the defendant is residing or staying at the relevant time. If the dispute concerns a minor, jurisdiction lies with the family court of the district where the minor has been found.

The authority competent to issue certificates is the district court or family court that ordered the protection measure.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

Authority before which a protection measure may be invoked:

In all instances, the competent authority is the district court of the district to which the person causing the risk has moved permanently or temporarily. If the address is unknown, the competent authority is the District Court of Nicosia.

Authority competent to enforce such a measure:

In all instances, the competent authority is the district court of the district in which the person causing the risk has moved permanently or temporarily. If the address is unknown, the competent authority is the District Court of Nicosia.

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

In all instances, the competent authority is the district court of the district in which the person causing the risk has moved permanently or temporarily. If the address is unknown, the competent authority is the District Court of Nicosia.

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

Court to which the application for refusal of recognition must be submitted:

The district court or family court before which the protection measure ordered in the Member State of origin has been invoked.

Where applicable, the court to which the application for refusal of enforcement must be submitted:

The district court or family court before which the protection measure ordered in the Member State of origin has been invoked.

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

Documents should be submitted in Greek. English translations are also accepted.

Last update: 23/01/2023

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