u Court of Justice of the European Communities–Case C-439/92, 5 July 1994 The Court ruled that only import and phytosanitary certificates issued by the competent authorities of the Republic of Cyprus could be accepted by the European Community member states. The ruling acknowledged that the only Cypriot state recognised by the European Community is the Republic of Cyprus. Import and phytosanitary certificates issued by Turkish Cypriot “authorities” are excluded because the “entity such as that established in the northern part of Cyprus…is recognised neither by the Community nor by the member states.” The Court of Justice looked into the matter at the request of Britain’s High Court following a case filed in the United Kingdom by Cypriot exporters of citrus fruit and potatoes. The High Court requested an interpretation of relevant provisions of the EC-Cyprus Association Agreement of 1972 and of the EC Council Directive 77/93/EEC. Britain’s High Court affirmed the Court of Justice decision in November 1994. This important decision recognised the sovereignty of the Republic of Cyprus over the whole of the island with regard to its relations with the European Community. u Loizidou v. Turkey, European Court of Human Rights, 18 December 1996 and 28 July 1998 The European Court of Human Rights found that the applicant, Ms Titina Loizidou, a citizen of the Republic of Cyprus, remained the legal owner of her property that was located in the areas occupied by the Turkish army. The Court made three judgments: on preliminary objections (23 March 1995); on the merits of the case (18 December 1996); and on “just satisfaction” (28 July 1998). In a precedent-setting decision, the Court regarded Turkey as an occupying power responsible for the policies and actions of the authorities in the occupied areas. The Turkish Cypriot “authorities” were described as Turkey’s “subordinate local administration.” Turkey was found in breach of article 1, Protocol 1 of the Convention by its continuous denial to the plaintiff of access to her property and by its purported expropriation without compensation. On 28 July 1998 the Court ordered Turkey to pay damages to Ms Loizidou. Turkey’s refusal to comply with the judgment resulted in resolutions by the Council of Ministers of the Council of Europe. These resolutions deplored Turkey’s non-compliance, reminded Turkey of its acceptance of the Convention and of the Court’s compulsory jurisdiction, and called on the Council to take appropriate steps to enforce compliance. With decisions pending on Turkey’s EU application and under the threat of sanctions, Turkey, in December 2003, did pay the sum of 641.000 Cyprus pounds (approximately $1.5 million), to Titina Loizidou. However, Turkey has not taken any steps leading to the restitution of Ms Loizidou’s property. The Cyprus Question| A brief Introduction 45
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