Re Central Bank of Cyprus and Reorganization Committee - Application No 178-2015 - Greek - Judgment of 12 January 2016
Re Central Bank of Cyprus and Reorganization Committee, Supreme Court of Cyprus, Application No. 178/2015
(January 12, 2016) This application was filed by Central Bank of Cyprus ('CBC') and the Reorganization Committee ('RC'). It requested the Court's permission to file applications for writs of certiorari, prohibition and mandamus. The writ of certiorari was intended to annul the interim order of the District Court of Nicosia of December 29, 2015, in the Civil Case No. 905/2015, which ordered the ex parte application for the winding-up of FBME Bank Ltd ('FBME') to be served to the defendants. It was also intended to annul the ensuing proceedings. The writ of prohibition was intended to prohibit the District Court of Nicosia from continuing the proceedings of the ex parte application as by summons application. The writ of mandamus was intended to oblige the District Court of Nicosia to decide ex parte the application for winding-up of FBME. CBC and RC maintained that the District Court of Nicosia had overseen the unambiguous statutory provision that explicitly set out an ex parte application. Thus, the disputed interim order was flagrantly illegal. The Supreme Court took into consideration the relevant provision, along with the principle audi alteram partem and the civil procedure laws. It was not convinced by CBC's and RC's argument. Rather, it took the view that the winding-up application is filed ex parte, as per the letter of the law, but whether same petition is discussed ex parte lies with the Court's discretion. Therefore, it did not grant the requested permission and dismissed the application. [document]
Note: Document(s) and English introduction(s) kindly provided by Natalia Charalampidou.