Suspension of Administrative Acts in Cyprus – Interim Injunctions by Supreme Court
Practice Area / Administrative Law
Suspension of an Administrative Act in Cyprus – Legal Protection Through Interim Orders
In Cyprus, the suspension of an administrative act is a powerful legal remedy available to applicants filing a recourse before the Supreme Court. By obtaining an interim order, the applicant can suspend the effects of a governmental or regulatory decision until the case is fully heard and adjudicated.
This article explains the legal framework and conditions for obtaining such a suspension, with reference to a recent successful case handled by our law firm.
Legal Grounds for Suspension of Administrative Acts in Cyprus
The issuance of an interim order by the Supreme Court is governed by principles of administrative and constitutional law. In order for a suspension request to succeed, the following conditions must be satisfied:
- ✅ The matter is urgent
- ✅ The administrative act would cause irreversible damage if not suspended
- ✅ There is evidence of fragrant illegality or violation of fundamental rights
The suspension ensures that the negative consequences of the administrative act are halted until the Court decides on the substance of the recourse.
Case Summary – Violation of Right to Be Heard
In a recent case, our law firm successfully represented a licensed physiotherapist whose professional registration was abruptly revoked by the Cyprus Council of Registration of Physiotherapists without any prior notice or hearing.
Facts:
- Our client had been operating her clinic legally for many years.
- She renewed her license annually without issue.
- Her registration was revoked without prior warning or the opportunity to be heard.
This sudden decision not only violated her right to fair hearing but also jeopardized her professional and financial livelihood.
Legal Action Taken – Recourse and Interim Application
We immediately filed:
- A Recourse under Article 146 of the Constitution against the decision of the Council
- An interim application to suspend the act, citing fragrant illegality and irreversible damage
The Supreme Court, upon reviewing the matter, granted the interim injunction in favour of our client. The Court agreed that:
- The administrative body acted with procedural illegality
- There was a clear breach of the right to be heard
Legal Precedent – The Minotavros Case
In its decision, the Supreme Court followed the principles established in the landmark case of:
Civil Appeal 530/08, Minotavros Crete Transport (Cyprus) Ltd v Republic of Cyprus
This case, which was successfully pursued by our law firm before the full bench of the Supreme Court, reaffirmed that a fragrant illegality such as the denial of a hearing justifies the granting of interim protection.
Conclusion – Protecting Clients from Administrative Overreach
This case highlights the importance of judicial oversight in administrative decisions and the availability of immediate legal remedies such as interim suspension orders.
If you or your business has been impacted by a sudden or unjust administrative decision, you may have the right to file a recourse and seek an interim injunction.
If you or your business has been impacted by a sudden or unjust administrative decision, our team specializing in administrative law in Cyprus can assist you in filing a recourse and applying for interim protection.
📩 Contact us for legal advice on suspending administrative acts and protecting your rights before the Supreme Court of Cyprus.