🇨🇾 Cyprus

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

Firstly, the "iJustice" electronic filing and case management system became operational in early

2022. The features of iJustice included the electronic filing and handling of documents, the

payment of fees, record keeping, the downloading of official copies and electronic (online) case tracking and management. In addition, the iJustice electronic platform maintained an electronic register of cases which have been filed and, where applicable, the availability of electronic correspondence and communication with the Courts. 7 Secondly, partially operational since 18 December 2023, eJustice only allows login checks and profile verification from its predecessor, iJustice. As of 12 January 2024, iJustice ceased operations, consolidating all entries and data into eJustice. From 15 January 2024 onward, eJustice exclusively manages all cases and data. eJustice is an electronic document case management system designed to empower parties in civil justice, enabling them to file claims and documents, receive real-time notifications on ongoing proceedings, and establish communication channels with the Court and its clerks.

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

a) Under EOP Regulation

(1) Competent courts The competent courts are the District courts. There are five district courts, one for each administrative district (that is, Nicosia, Limassol, Larnaca, Paphos and Famagusta). To apply the 2023 Rules, the jurisdiction shall be determined in accordance with the relevant rules of EU law, in particular Regulation (EC) No 44/2001 (BU I bis) (Article 6 of the Procedural Regulation for EOP).

b) Under EEO Regulation

(1) Competent courts The competent courts are the District courts. There are five district courts, one for each administrative district (that is, Nicosia, Limassol, Larnaca, Paphos and Famagusta). To apply the 2023 Rules, the jurisdiction shall be determined in accordance with the relevant rules of EU law, in particular Regulation (EC) No 44/2001 (BU I bis) (Article 6 of the Procedural Regulation for EOP).

3. rules on service

(a) under EOP Regulation

Article 45.14 of the 2023 Rules on the service or notification with proof of receipt by the defendant of the request states that the EOP shall be served on or notified to the defendant in accordance with the provisions of Chapter 6 of the 2023 Rules (see Answer 1 (8)). Further, Article 45.15 of the 2023 Rules on the service without proof of receipt states that the EOP shall be served on or notified to the defendant without proof of receipt, in the cases of: (a) personal service at the personal address of the respondent on persons who live with or work for the respondent, (b) where the respondent is self- employed or a legal person, personal service at the place of business of the respondent, on persons employed by the respondent, (c) electronic means certified by an automatic acknowledgement of receipt provided that the respondent has expressly accepted this method of service in advance. Service made under the previous paragraph (paragraph 1 of Article 45.15) shall not be accepted if the debtor's address is not known with certainty. Service under paragraph 1(a), (b) of Article 45.15 (see supra) shall be authenticated by: (a) a document signed by the competent person who effected service and which records: (i) the method of service used, (ii) the date of service, and (iii) if the order was served on or notified to a person other than the defendant, the name of that person and his or her relationship to the defendant, (b) an acknowledgement of receipt by the person to whom service was effected, for the purposes of paragraph 1(a) and (b). Service or notification to a representative is also possible under Article 45.16 of the 2023 Rules. Service under Articles 45.14 or 45.15 may also be made on the agent of the respondent. See Answer 1 (8) for further details on the general rules of service.

(b) under EEO Regulation There are no specific rules regarding the service of an EEO. Documents are serviced by post or registered mail with acknowledgement of receipt including the date of receipt. If this form of service is not possible, service may be made by any of the methods set out in Articles 13 or 14 of Regulation (EC) No 805/2004. See Answer 1 (8) for further details on the general rules of service.

4. Language of the certificate and documents to be appended

For the purpose of enforcement under Article 21 of the EOP and Article 20 of the EEO Cyprus also accepts English.

Under EOP Regulation Certificates are accepted if they are in Greek or English (Article 45.22 of the 2023 Rules for the EOP). Any translation of the elements relating to the substance of the decision contained in a certificate is carried out by a person authorised to carry out translations in one of the Member States. Thus, other languages are not accepted by the Cypriot courts. There is no legal aid to cover translation services.

Under EEO Regulation Standard Forms are accepted in English and Greek. If a document received by the court or tribunal is drawn up in a language other than the language of the proceedings, the court or tribunal may request a translation of the document only if it is considered necessary for the delivery of its judgment.

5. enforcement fees

Under EOP and EEO Regulation

The costs of the enforcement procedure cannot be determined in advance. There are fees for filing the enforcement application and engaging a court bailiff to enforce the order (e.g., attachment of assets, garnishment of wages). The costs are calculated by the registrar of the court based on the regulations on fees and depend on the sum awarded under the judgment or the value of the subject matter of the judgment, as well as other possible additional expenses (transportation, storage, etc.) The person against whom the judgment was delivered is obligated to pay the fees. Subject to the provisions contained in the 2023 Rules, a party enforcing a judgment or order is entitled to recover the costs of enforcement unless the court otherwise directs (Article 39.16 of the 2023 Rules). Paying court fees can also be done digitally - through the newly set up eJustice system.

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in

the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

European Order for Payment (EOP)

Enforcement of a European Order for Payment may be refused by the court, upon application by the debtor, where the EOP is irreconcilable with an earlier judgment or order issued in another Member State or a third country, provided that the earlier decision concerns the same parties and subject matter, is recognisable in Cyprus, and the incompatibility could not have been raised in the Member State of origin. Enforcement must also be refused, in whole or in part, if the debtor proves that the amount awarded has already been paid. Applications for refusal must be lodged with the court where enforcement is sought, in accordance with the 2023 Rules. The EOP may not be reviewed on the merits. Any order refusing enforcement takes effect only after it has been served on all affected persons and on any courts where enforcement proceedings are pending; upon service, all enforcement proceedings must be discontinued. Where the debtor has applied for review of the EOP, the court may, on application, limit enforcement to protective measures, make enforcement conditional upon the provision of security, or, in exceptional circumstances, suspend enforcement. Applications for suspension or limitation are submitted to the enforcing court under the 2023 Rules. In addition, under the general procedural framework, a party may request a stay of execution on the basis of facts arising too late to be raised earlier. Before granting a stay, the court must provide for the payment of costs already incurred or likely to be incurred in connection with enforcement. Appeals do not automatically suspend enforcement unless expressly ordered by the court. Cyprus law considers judgments enforceable even if an appeal is still possible. European Enforcement Order (EEO)

Cypriot law does not provide specific refusal or limitation rules for enforcement of EEOs. Instead, general procedural provisions apply. A party against whom enforcement is sought may apply for a stay of execution or other relief on the basis of facts arising too late to be recorded. The court may grant such relief on conditions it deems just, including the provision of security and the payment of enforcement-related costs. As with EOPs, appeals do not operate as a stay of execution unless ordered by the competent court. Judgments remain enforceable notwithstanding the possibility of appeal, although legal challenges may be brought to suspend enforcement or cancel registry entries where appropriate.

7. Availability of any legal aid for guidance on the enforcement procedures under the

regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

a) Under EOP Regulation

Any natural person (nationals and non-nationals) who cannot bear the costs of the proceedings without affecting the basic needs and obligations of himself and his family is entitled to receive legal aid. While there is no explicit mention of enforcement proceedings, it is specifically stated that legal aid will also be granted in cross-border civil and commercial cases. An application form can be obtained from the Registry of the Court which has, depending on the case, jurisdiction to examine the application to grant legal aid. The application is submitted to the competent court. In the case of cross-border disputes, the application should first be received by the Ministry of Justice and Public Order, which ensures that this application is submitted to the competent court. Also see Legal Aid Law of 2002 (Law 165(I)/2002), which governs the provision of legal aid in Cyprus, detailing eligibility criteria, procedures for application, and the scope of coverage.

b) Under EEO Regulation

Costs vary depending on the length and complexity of the document, generally starting at 20 EUR per page. There is no financial support for translation. Any natural person (nationals and non-nationals) who cannot bear the costs of the proceedings without affecting the basic needs and obligations of himself and his family is entitled to receive legal aid. While there is no explicit mention of enforcement proceedings, it is specifically stated that legal aid will also be granted in cross-border civil and commercial cases. An application form can be obtained from the Registry of the Court which has, depending on the case, jurisdiction to examine the application to grant legal aid. The application is submitted to the competent court. In the case of cross-border disputes, the application should first be received by the Ministry of Justice and Public Order, which ensures that this application is submitted to the competent court. Also see Legal Aid Law of 2002 (Law 165(I)/2002), which governs the provision of legal aid in Cyprus, detailing eligibility criteria, procedures for application, and the scope of coverage.

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

Under EOP and EEO Regulation

The enforcement procedures under both the EOP and EEO Regulations in Cyprus face similar challenges. A key issue is the requirement for translations of documents into Greek, which adds significant costs and delays to the process. This is particularly burdensome for foreigners and can deter them from pursuing enforcement in Cyprus. Unclear rules and the slow digitalisation, which brings with it many bureaucratic issues, also lead to a very slow process of justice. The delays in the administration of justice in Cyprus have also been pointed out in reports such as the European Union's Justice Scoreboard, the World Bank's Doing Business Reports as well as European Commission papers on Cyprus. Moreover, Mouttotos observes that "The situation in Cyprus, with its excessive delays, drives market forces to strategical behaviour of not complying with the law." Another issue is the reliance on court bailiffs, whose fees can vary and are not standardized, contributes to inconsistencies and unpredictability in enforcement, further complicating the process for creditors seeking to recover debts. A connected issue is the high costs associated with enforcement. Despite the simplification introduced by the EOP and EEO Regulations, enforcement remains an expensive process in Cyprus, particularly for smaller claims.