07/13/2022, 11:51

Έχω αποστείλει επιπρόσθετες επεξηγήσεις για τον τρόπο που ο νόμος 87/18 παραβιάζει τα δικαιώματα των καταναλωτών που πηγάζουν από το Δίκαιο της Ένωσης ως ακολούθως :
Dear JUST-E2 Team
Pursuant to my complaint regarding the gross violation of EU legislation on consumer protection and effective judicial protection (articles 6(1) and 7(1) of the EU Directive 93/13/EEC and article 47 of the Charter on Fundamental Rights by the national legislation on Mortgages and the transfer of immovable properties amendment 87/18 some 18 months ago, and in response to your latest email for which I thank you, please find attached some additional information on a historical review of amending this law , in such a way as to progressively and retroactively creating barriers to the pursuit of effective judicial protection and justice against yfair clauses in loan contracts to the consumer s in Cyprus.

The attached documents concern the reasons under article 44 Γ-(3) upon which the consumer can get an injunction to stop a forced sale of his/hers mortgaged property initiated by the bank itself, without any previous check by any authority as to the fairness of the loan balance upon which the forced measures are based or to the fairness of the contract itself and without a court order.
The reasons upon which the consumer can get an interim order to stop the forced sale of the mortgaged house, office buildings, agricultural land or other immovable property are mainly procedural misconduct except for article 44 Γ-(3)(δ) which in 2014 was phrased in conformity to Eu legislation by stating that a forced sale could not go forward before the judicial decision on a pending court case.
In 2018 this automatic protection against a forced sale before the judge can decide on the fairness of the contract or the loan balance upon which the force sale was based by sub article 44 Γ-(3 )(δ) was removed by the legislators in 2018 and replaced by a prerequisite that a unless a consumer asks and be granted an injunction to the forced sale by another court , under another law under article 32 of that law, the forced sale will automatically go forward in an express and electronically operated procedure. Meaning that , apart from the fat that the consumer might not know his right/obligation to ask for injunctive measures, the legislator makes it disproportionately harder for the consumer to get judicial relief PLUS , and this is the worst part, the majority of courts refuse to grant the interim order to stop the forced sale based on a 2018 Supreme court decision that the forced sale should always go forward and the interim order denied because the consumer could compensated with money at a later staged for any possible unfair charges .
PLUS for the past year , it has been impossible for me to find a lawyer willing to go and ask a judge for a referral to European Court of Justice for a preliminary ruling under the excuse that judges will refuse so there no point in asking.
It my belief that consumer protection in Cyprus will continue to be lacking for years to come unless the EC steps in.
I thank you in advance for your patience and I hope that this latest information is helpful enough.
Yours sincerely
Argyro Papatryfonos