Limassol, Cyprus. The court of appeal rejected Nikos Sykas’ appeal challenging his removal from Disy’s ballot, ruling on Thursday that the case no longer had any practical effect. The judges found the appeal had become moot after the party ratified his exclusion on February 28.
Appeal dismissed after party ratification
The court dismissed Sykas’ appeal against an earlier interim decision that had refused to block the party’s politburo from ratifying his exclusion from the Limassol candidate list for the parliamentary elections. Judges said the matter was moot because the party body had proceeded with the ratification.
As stated in the ruling, courts do not examine “academic issues or disputes that no longer have a practical effect,” ending Sykas’ attempt to reverse the process through this legal avenue.
Initial request and lower court ruling
Sykas had sought a declaration that Disy’s decisions to remove him from the ballot were unlawful and beyond the party’s authority.
The court of first instance rejected his request for an interim order, classifying it as a precautionary measure and finding that while there was a debatable case, there was no evidence of “immediate and unavoidable risk of serious damage” that could not be remedied later. It also concluded there was no clear prospect of success or difficulty in delivering justice at a later stage.
Grounds of appeal and scope of review
In his appeal, Sykas argued that the lower court misapplied the criteria for issuing an injunction and failed to recognise that the damage he faced could not be compensated financially.
The court of appeal also dismissed a request by Sykas for a new ruling annulling the party’s final decision, stating that such an action would amount to exercising primary jurisdiction beyond the scope of an appeal.
Costs awarded
Costs of €4,000, plus VAT, were awarded in favour of Disy.
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