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ARTICLE · 28 APRIL 2013

To Litigate Or Not To Litigate?

A discussion on the monitoring of the bail-out legislation which is currently before the Cyprus courts.

CyprusFinance and Banking

Harneys’ Cyprus Banking Group is closely monitoring a legal challenge to the bail-out legislation which is currently before the Cyprus courts.

Following the agreement between the Eurogroup and the Republic of Cyprus the two largest banks on the island, namely the Bank of Cyprus and Cyprus Popular Bank (part of the Laiki Bank Group), are under certain resolution measures which include the bail-in (often referred to as the ‘haircut’ on accounts over Euro 100,000) and Laiki’s “good bank” assets being folded into Bank of Cyprus. In addition restrictive measures on capital transfers have been imposed.

The passing of laws and other relevant measures to enact the above have caused many clients to consider a possible legal challenge against the banks, the government, and/or EU bodies on the basis of violation of fundamental rights under the constitution of Cyprus; possible violation of the European Convention of Human Rights; or even action against the management of the

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