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Viewing cable 09NICOSIA107, CYPRUS: ORAMS CASE OUTCOME ANXIOUSLY AWAITED

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Reference ID Created Released Classification Origin
09NICOSIA107 2009-02-06 14:39 2011-08-24 01:00 UNCLASSIFIED Embassy Nicosia
VZCZCXYZ0000
RR RUEHWEB

DE RUEHNC #0107 0371439
ZNR UUUUU ZZH
R 061439Z FEB 09
FM AMEMBASSY NICOSIA
TO RUEHC/SECSTATE WASHDC 9610
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHBS/USEU BRUSSELS
RUCNDT/USMISSION USUN NEW YORK 1346
RUEAIIA/CIA WASHINGTON DC
UNCLAS NICOSIA 000107 
 
SIPDIS 
 
DEPARTMENT FOR EUR/SE 
 
E.O. 12958: N/A 
TAGS: CY PGOV PREL TU UNFICYP
SUBJECT: CYPRUS: ORAMS CASE OUTCOME ANXIOUSLY AWAITED 
 
REF: NICOSIA 985 
 
1.  (SBU) SUMMARY: Cypriots on both sides of the Green Line 
anxiously await the European Court of Justice's (ECJ) ruling 
on the Apostolides-Orams lawsuit, which pits a displaced G/C 
property owner against a British couple that acquired his 
land in 2002 and erected a vacation home there (Reftel). 
Constandis Candounas, the attorney representing Meletis 
Apostolides, told Emboffs the ECJ would almost certainly rule 
in favor of the Orams, despite last month's opinion of the 
Court's Advocate General (AG) in favor of his client and the 
fact the ECJ historically follows AGs' recommendations 85 
percent of the time. Candounas's claim of the hopelessness of 
his case gives us pause, as it goes sharply against the 
conventional wisdom we have been hearing from G/C and T/C 
experts. END SUMMARY. 
 
2.  (SBU) In a January 30 meeting with Candounas, the 
attorney told Emboffs he was certain that the ECJ would rule 
against his client.  Candounas explained that at the 
September 2008 hearing during which the two sides presented 
arguments to the ECJ, the Court's panel allowed the direction 
of argument to focus more on political, rather than legal 
issues.  In fact, Candounas asserted that the "irrelevant 
questions" raised by some of the ECJ justices and the general 
atmospherics during the trial convinced him that the Court 
was more interested in preserving the ongoing Cyprus 
negotiations than it was in delivering justice to the Greek 
Cypriots. 
 
3.  (SBU) Candounas further claimed that during the hearing 
the Oramses' lawyers attempted to persuade the ECJ justices 
that public policy within the UK almost always followed 
international public policy, and as international public 
policy favored a Cyprus solution, the Court should take no 
action that would interfere with the ongoing negotiations. 
If the Court were to follow last month's preliminary ruling 
of the AG who had recommended that the British court be 
required to enforce the ROC judgment, it would materially 
affect the ongoing negotiations, particularly on the issue of 
property, and could damage the chances for a solution. 
According to Candounas, the ECJ, which is charged with both 
promoting individual justice and international public 
policies, seemed receptive to this line of argument.  Despite 
forecasting his own defeat, Candounas claimed he would 
continue suing current and future occupants of Greek Cypriot 
properties in the north, especially non-Cypriots. 
 
4.  (SBU) Comment:  Candounas's insistence that his case is 
already lost leaves us questioning his motives.  His 
prediction contradicts everything we have heard regarding the 
Court's forthcoming decision, including insight shared by 
Emine Erk, an attorney representing the Oramses, who claimed 
that a ruling in favor of her clients seemed highly unlikely 
after the AG's recommendation.  Whatever his motivations, the 
ECJ will rule on Orams during the Cyprus settlement 
negotiations and that decision will have a profound influence 
on the tenor and subtance of the talks. 
Urbancic