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N. Pirilides & Associates LLC

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EU Regulation 1393/2007: New Approach by Cyprus Courts

In cooperation with top-tier Ukrainian legal firm, we have been representing a HNW Ukrainian national in relation to a breach of trust and conspiracy to defraud action. The multi-million claim was filed against defendants from multiple jurisdictions for the recovery of several intellectual property rights. In this regard, an ex-parte interim order was initially issued, prohibiting the alienation and dissipation of the said intellectual property rights. The issue over the appointment of an interim receiver over the Cyprus company is still pending for trial.

On 7/1/2020, the President of the District Court of Nicosia issued an important decision dismissing an application filed by the main defendant to set aside service of the judicial documents outside the jurisdiction. The court concluded that there was no violation of the EU Regulation 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000.

Furthermore, the Court stated that the liberal scope of the Regulation is reflected in the new approach of the Courts that are now parting from the strict and formalistic frameworks which regulated service out of jurisdiction in the past.    

Importantly, it has been confirmed for the first time that an order for service of delivery out of jurisdiction via courier falls within the ambit of the definition ‘postal services’ of Article 14 of the Regulation.

On behalf of N. Pirilides & Associates LLC, the matter is impeccably being undertaken by Mr. Kyriakos Karatsis, Partner and Head of Dispute Resolution Department of the Firm.  Kyriakos is a dynamic, experienced Advocate who regularly appears before the District and Supreme Courts of Cyprus, with extensive expertise in Civil, Corporate and Commercial disputes. Kyriakos has substantial expertise in cooperating with multi-jurisdictional teams in cross-border issues and advising from a Cyprus legal angle.

N. Pirilides & Associates LLC is a premium, Cyprus-based law firm with a long history and established reputation, particularly in Dispute Resolution & Litigation. Heavy-duty disputes have always been the most extensive part of the workload of the Firm, with perhaps the finest Litigation team in Cyprus. There is no dispute, however large or complex, in any sector or industry, which the Firm cannot handle superbly.

Please do not hesitate to contact us if you require any relevant information or assistance.