Cross – Border Disputes
Our Firm has acquired extensive knowledge in this filed especially in cases where the parties to a contract reside in different Member States within the European Union. The Courts will usually take into consideration the place where the contractual obligation to deliver the goods or services was located, whether the innocent party is protected under the Jurisdiction Regulation EC 44/2001 as a consumer when dealing with consumer contracts (especially if the dispute among the parties relates only to rights in personam and not rights in rem), whether the party having the strongest economic position in the contract promoted and directed its commercial activities in the Member State of the consumer as well as take into account whether service of instituted proceedings was effectuated according to the provisions of the Service Regulation EC 1393/2007.
Our Firm’s founding partner, Mr. Paris Hadjipanayis has dealt extensively in the past with consumer contract cases which relate to the CHF currency denomination and successfully managed to challenge the Cyprus Courts’ Jurisdiction for not having the ‘forum conveniens’ in adjudicating claims brought forward by Cyprus Banks against UK non – sophisticated consumers who domiciled in the UK during the material time and acted outside their trade and profession at the time entering the contract.
Our Firm offers a strategic series of hardcore litigation services which we have put to the test on multiple occasions via court battles and has proven to be effective for various strategic and tactical reasons when dealing with CHF mortgaged loan consumer contracts:
- Filing an ex-parte application for grant to file a Memorandum of Appearance under protest due to the challenging of the Cyprus Courts’ Jurisdiction;
- File the Memorandum of Appearance under protest but without filing a pleading of Defence and/or a Counterclaim which can be equated to the submission of the Cyprus Courts’ Jurisdiction;
- Filing the an application by summons to set aside/ stay the claim brought forward by the Bank due to lack of jurisdictional power of the Court to hear the case and/or for bad service;
- Appeal to the Supreme Court if the application to set aside/ stay fails;
- Filing an application to the District Court to stay the instituted proceedings until the final outcome of the pending appeal as above and file similar application to the Supreme Court should the application filed at the District Court fail;
- Suggest to the Supreme Court at the appeal stage for the case to be forwarded and referred to the European Court of Justice for final and binding outcome;