Litigation, Elias Neocleous & Co LLC updates

Cyprus

Contributed by Elias Neocleous & Co LLC
Widow's pension: unequal treatment and discrimination on grounds of gender
  • Cyprus
  • 16 February 2021

The Administrative Court recently ruled in a case concerning the differentiation in treatment, by law, between women and men of deceased spouses. The court held that the rejection of a man's application for a widower's pension was based on a legislative provision which was directly discriminatory against men, in that it treated men substantially differently to women by making the granting of a widower's pension subject to special conditions which were not required for the granting of a widow's pension.

Supreme Court rules that monetary benefit given to employee constitutes salary and must be paid
  • Cyprus
  • 18 August 2020

The Supreme Court recently overruled a first-instance decision which had acquitted the respondent and its director of charges concerning the non-payment of monthly salaries to monthly paid staff. The Supreme Court's approach appears to be a reasonable one. It illustrates the need to ensure employees' right to receive their salary and the benefits to which they are entitled on the basis of their employment agreement.

First-instance courts must evaluate testimony adduced during hearings
  • Cyprus
  • 26 May 2020

In a recent appeal, the Supreme Court ruled that the first-instance court could not ignore testimony adduced during a hearing without having evaluated it. In its decision, the Supreme Court stressed that where there is a disagreement as to the substantive facts of a case, the evaluation of testimony is the cornerstone of any decision. The absence of judgement as to whether a substantial witness has told the truth will render the court's decision incomplete.

Cyprus convicted and fined for 26-year-old soldier's death
  • Cyprus
  • 05 May 2020

The European Court of Human Rights (ECHR) recently sentenced Cyprus for the death of a 26-year-old soldier. The ECHR found that the Cypriot authorities' investigation into Athanasios Nicolaou's death had infringed Article 2 of the European Convention on Human Rights. Consequently, the ECHR awarded his family €32,000 in non-pecuniary damages.

Court procedure for evicting defaulting tenants amended
  • Cyprus
  • 17 March 2020

The law on property rental in Cyprus appears to have been unfairly weighted in favour of tenants for some time, as defaulting tenants have been legally entitled to remain in a property without paying their legally due rent until the hearing of an application for recovery of possession before the Rent Control Court. However, the recent amendment of the Rent (Control) Law seeks to resolve the problem of landlords who have had to deal with such tenants.


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