Answer ... Several instruments govern the recognition and enforcement of foreign judgments in Cyprus, ranging from EU regulations to bilateral and multilateral treaties and statutes. Therefore, the manner in which judgments are recognised and enforced in Cyprus largely depends on the country of origin of the relevant judgment.
Foreign judgments can be recognised and enforced in Cyprus in accordance with the Recognition of Judgments of Foreign Courts Law of 2000 (L 121(I)/2000).
Furthermore, judgments rendered in a country with which Cyprus has no bilateral treaty or which is not a party to any multilateral treaty for recognition and enforcement are capable of recognition and enforcement on the basis of the common law. To enforce a judgment issued in a country that has no treaty for the recognition of a judgment with Cyprus, the claimant must file a fresh civil action before a Cyprus court requesting relief identical to that provided for by the foreign judgment, based on the existence of the foreign judgment.
Judgments rendered in any EU member state (except Denmark) are recognised pursuant to EU Regulation 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which applies to all judgments issued on or after 10 January 2015.
EU Regulation 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European enforcement order for uncontested claims enables judgments on uncontested civil and commercial claims issued by a court of a member state (except Denmark) to be automatically recognised and enforced in any other member state.
Small claims whose value does not exceed €5,000 are subject to EU Regulation 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure. This streamlined procedure applies to judgments in civil and commercial disputes. A judgment issued under the European small claims procedure will be recognised and enforced without the need for a declaration of enforceability.
EU Regulation 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings is directly applicable in Cyprus. Under this regulation, a judgment initiating insolvency proceedings issued by a competent court of an EU member state will be recognised in Cyprus and vice versa.
Judgments issued in Switzerland, Denmark, Norway and Iceland may be recognised and enforced in Cyprus on the basis of the Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of 2007, which closely resembles EU Regulation 44/2001 (now replaced by EU Regulation 1215/2012).
The recognition of judgments rendered in the United Kingdom, British dominions, protectorates and mandated territories is governed by the Foreign Judgments (Reciprocal Enforcement) Law of 1935 (Cap 10), as amended. This law was modelled on the corresponding English legislation – that is, the Foreign Judgments (Reciprocal Enforcement) Act 1933.
Cyprus is a party to several bilateral treaties governing the recognition and enforcement of foreign judgments (with China, Egypt, Russia, Serbia, Slovenia, Syria and Ukraine). Thus, whenever a judgment issued in one of the aforesaid states is issued and the claimant wishes to recognise and enforce it in the territory of Cyprus, reference must be made to the specific bilateral treaty and the law ratifying it. By way of example, Cyprus and Russia (as a successor of the Soviet Union) are parties to the Treaty between the Republic of Cyprus and the Union of Soviet Socialist Republics on Legal Assistance in Civil and Criminal Matters ratified by Law 172/1986. Importantly, Article 27 of the treaty provides that an application for the enforcement of a judgment must be submitted to a judicial authority at the place where the judgment was given (eg, the competent Russian court). This authority will then transmit the application to the competent court of Cyprus. It is only when the party applying for enforcement of foreign judgment its permanent or temporary residence (location) in the territory of Cyprus that the application may be submitted directly to the competent court of Cyprus.
Lastly, Cyprus is also a signatory to the following multilateral conventions relating to the recognition and enforcement of foreign judgments:
- the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (EU accession; will enter into force on 1 September 2023); and
- the European Convention on the Recognition and Enforcement of Decisions concerning Custody of Children and/or Restoration of Custody of Children 1980.
The new Civil Procedure Rules also contain provisions relating to the recognition and enforcement of judgments in EU member states (Rules 45.57 and following).