An order of temporary suspension of the sale of a house was issued yesterday by the Limassol District Court following a request by a plaintiff through the law firm, Argentoula Ioannou D.E.P.E.
The lawyers of the case invoked in their application, the existence of abusive clauses and the need for interim treatment, ie a temporary injunction suspending the sale, according to the case law of the European Court of Justice (CJEU) and the case law of the Court of Human Rights of the Council of Europe ( ECtHR), regarding the need to protect the right to housing.
Yesterday’s decision highlights interesting issues in which it will be seen whether the Cypriot Courts will show a willingness to comply with the Directives of the European Union regarding the prohibition of abusive clauses in banking contracts. It should be noted that to date the imperative principles of WEU case law and the need for effective implementation of Directive 93/13 / EEC have not been brought before the Cypriot Courts.
In statements to “F”, the plaintiff’s lawyer, Argentoulla Ioannou, stated that after a question from AKEL MEP, George Georgiou, regarding the effective implementation of this Directive and the effective protection of the right to housing in Cyprus, the European The Commissioner, in his reply, dated 6 October 2020, indicated that it is necessary to provide temporary protection for the suspension of the sale where the existence of abusive clauses in the contracts is invoked, so that the auction stops until the case is adjudicated.
As Ms. Ioannou said, the European Commissioner in his decision notes that Cyprus is very likely to be in violation of the Directive, as a result of which it will pay exorbitant amounts of fines as of 2018 by amending the legislation on private sales, the provision that where there is an action registered in the Court, the auction should be stopped.
Ms. Ioannou noted that yesterday’s case and the decree will open the legal discussion on these aspects, the protection of the home through the granting of temporary protection, which has not been submitted to the Cypriot Courts until today.
Source : Philnews