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European Account Preservation Order

Cyprus
Cyprus
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FINDING COMPETENT COURTS/AUTHORITIES

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

FINDING COMPETENT COURTS/AUTHORITIES

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

Cyprus
European Account Preservation Order
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Article 50(1)(a) – Courts competent to issue the European Account Preservation Order

The courts competent to issue the preservation order are the district courts (επαρχιακά δικαστήρια).

 Nicosia District Court (Επαρχιακό Δικαστήριο Λευκωσίας)

• Address: Charalambou Mouskou, 1405 Nicosia, Cyprus

• Telephone: (+357) 22865518

• Fax: (+357) 22304212 / 22805330

• Email: chief.reg@sc.judicial.gov.cy

 Limassol District Court (Επαρχιακό Δικαστήριο Λεμεσού)

• Address: Leoforos Lordou Vyronos 8, PO Box 54619, 3726 Limassol, Cyprus

• Telephone: (+357) 25806100 / 25806128

• Fax: (+357) 25305311

• Email: chief.reg@sc.judicial.gov.cy

 Larnaca District Court (Επαρχιακό Δικαστήριο Λάρνακας)

• Address: Leoforos Christoforou Christofidi, 6301 Larnaca, PO Box 40107, Cyprus

• Telephone: (+357) 24802721

• Fax: (+357) 24802800

• Email: chief.reg@sc.judicial.gov

 Paphos District Court (Επαρχιακό Δικαστήριο Πάφου)

• Address: Corner of Neophytou and Nikou Nikolaidi, 8100 Paphos, PO Box 60007, Cyprus

• Telephone: (+357) 26802600

• Fax: (+357) 26306395

• Email: chief.reg@sc.judicial.gov.cy

 Famagusta District Court (Επαρχιακό Δικαστήριο Αμμοχώστου)

• Address: Megalou Alexandrou 83, 5290 Paralimni, Cyprus

• Telephone: (+357) 23741926 / 23741915

• Fax: (+357) 23741949

• Email: chief.reg@sc.judicial.gov.cy

Article 50(1)(b) – Authority designated as competent to obtain account information

The authority designated as competent to obtain account information is the Central Bank.

Contact details:

Postal address:

Central Bank

John Kennedy Avenue 80

1076 Nicosia

Cyprus

or P.O. Box 25529, 1395 Nicosia

Tel.: +357 22714100

Fax: +357 22714959

Email: cbcinfo@centralbank.gov.cy

Article 50(1)(c) – Methods of obtaining account information

The information is provided by the banks or credit institutions to the information authority defined in Article 6(2A) of the Central Bank of Cyprus Laws of 2002 to 2017, namely the Central Bank of Cyprus (Article 14(5)(a) of Regulation (EU) No 655/2014).

Article 50(1)(d) – Courts with which an appeal against refusal to issue the European Account Preservation Order may be lodged

An appeal against a decision of a district court may be lodged with the Court of Appeal (Efeteío).

Court of Appeal

Odos Thrakis 17, 2112 Aglantzia – Nicosia, Cyprus

Tel.: +357 22551920, +357 22551923

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

Article 50(1)(e) – Authorities designated as competent to receive, transmit and serve the European Account Preservation Order and other documents

The authority competent for carrying out the above is the Ministry of Justice and Public Order.

Article 50(1)(f) – Authority competent to enforce the European Account Preservation Order

The authority competent to enforce the order pursuant to Article 23(2) of Regulation (EC) No 655/2014 is the bailiff (dikastikós epidótis).

Article 50(1)(g) – Extent to which joint and nominee accounts can be preserved

There is no national legislation governing the question of the preservation of joint and nominee accounts in civil and commercial cases. A party wishing to preserve such an account makes the appropriate application to the court, and it is the court, under its more general powers, that orders - or does not order - the preservation of part or all of the amount, having regard to all the circumstances of the case.

Article 50(1)(h) – Rules applicable to amounts exempt from seizure

There are no specific rules regulating and exempting such amounts in civil and commercial cases, except for amounts that are preserved on the basis of criminal proceedings, which are exempted from preservation and attachment for the purpose of collecting tax due under Article 9(B) of the Tax Collection Laws of 1962 and 2014 and paragraph 13 of Annex X to the Value Added Tax Laws of 2000 to 2014 .

Article 50(1)(i) – Fees, if charged by the banks, for the implementation of equivalent national orders or for providing account information, and information on the party liable to pay those fees

There is no specific provision based on national law prohibiting the charging of such fees by banks that impose them on account holders.

Article 50(1)(j) – The scale of fees or other set of rules setting out the applicable fees charged by any authority or other body involved in the processing or enforcement of the Preservation Order

There are no costs.

Article 50(1)(k) – Ranking, if any, of equivalent national orders

There is no provision.

Article 50(1)(l) – Courts or enforcement authority competent to grant a remedy

District courts, as with Article 50(1)(a)

Article 50(1)(m) – Courts with which an appeal is to be lodged and the time-limit, if any, for lodging the appeal

An appeal against a decision of a district court can be brought before the Court of Appeal (Article 21) within 42 days, as provided for in Part 41 of the Rules of Civil Procedure (Κανονισμοί Πολιτικής Δικονομίας). An appeal against an interim decision has to be made within 14 days from the date of issue of the interim decision.

Article 50(1)(n) – Court fees

The detailed costs can be found by clicking on the following link, at pages 19-30.

Article 50(1)(o) – Languages accepted for translations of the documents

In addition to Greek, translation of the documents into English is accepted.

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