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Cypriot depositors prepare legal battle over EU bank bailout

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Published 07 August 2013

Within one week in June, Cypriot Andrew Georgiou suffered a massive heart attack and his father was diagnosed with leukaemia, just as they were fighting to recover much of their life savings wrapped up in the country’s EU-led bailout.

A victim of Cyprus's chaotic financial rescue, Georgiou cannot be sure his stressful legal battle for the lost money wrecked his family's health. But, as he said with grim understatement, "it sure as hell didn't help".

Georgiou is one of an estimated 20,000 account holders who had large amounts of savings wiped out almost overnight at Laiki, the island's second-largest bank, which was wound down under the €10 billion international aid package.

"My initial reaction was utter disbelief. Now I am just angry," Georgiou, 56, told Reuters. He has spent the best part of the past four months arguing with his bank manager and in lawyers' offices, trying to reclaim funds his father and three sisters had in the now-defunct bank.

The Georgiou family's case is one of hundreds of actions against commercial lenders, the central bank and the government that are pending in the courts. If successful, they could unravel the "bail-in" which saved Cyprus from bankruptcy in March but, unlike the bailouts of other troubled EU countries, targeted savings in two major banks.

Tiny Cyprus became the testing ground for EU leaders who realised their electorates would no longer accept using any more taxpayers' money to save banks from collapse.

Depositors hit

Whereas a long line of EU banks were rescued at huge public expense during the 2008-09 financial crisis, this time the EU excluded Laiki and its peer, Bank of Cyprus, from any aid.

Instead, their clients paid. About €4.3 billion in deposits belonging to 14,000 entities were affected by the winding-down of Laiki. This left savers with at most 100,000 euros, the ceiling on deposit insurance under EU regulations.

Altogether the Georgiou family had €750,000 in Laiki. Some of this is covered by the insurance but exactly how much remains unclear due to confusion over entitlements on the several joint accounts they held. Bank officials have revised the size of their estimated losses several times, adding to the anxiety.

Unlike Laiki, Bank of Cyprus is being saved but the authorities slapped a 47.5% loss on deposits exceeding the €100,000 limit to help recapitalise it, exchanging the seized funds for shares in the lender.

Both banks had gambled on high-yielding Greek government bonds which blasted holes in their balance sheets when the country's debt was restructured under another EU/IMF rescue. The Cyprus government would have gone bankrupt had it tried to rescue the banks itself.

Seeking relief in court

Lawyers for the plaintiffs, who range from Russians who wrongly thought their savings were in a safe place to ordinary Cypriots like the Georgious, say they have a strong case.

"There are very solid grounds to believe their action will succeed," said Costas Velaris, a Nicosia lawyer.

"Now whether the defendant - the bank concerned, the Central Bank and the government of Cyprus - will have the money to compensate the successful applicant is another matter," said Velaris, who is one of a team advising depositors.

Neither the Attorney General's office nor the Central Bank, which took over responsibility for the two banks, responded immediately to requests for comment. However, central bank officials have stressed they had to make very difficult decisions after the European Central Bank said it would halt emergency funding for the two lenders, unless Cyprus agreed to the terms of the EU and International Monetary Fund's rescue.

Under this deal, Cyprus approved a "bank resolution framework" which split Laiki into a "good" and a "bad" bank. The good assets, including the insured deposits under €100,000, were transferred to Bank of Cyprus

Velaris said the legal action will not stop in Cyprus, but extend to the European Court of Justice and further afield if necessary. Action would be taken against European institutions, officials and "whomever we can lay a hand on", he said.

EurActiv.com with Reuters

COMMENTS

  • Yes, lawsuits should take place. The Cypriot banking authorities had no right to private monies. This was outright theft and those who allowed this thievery must be held accountable. I hope the depositors get their money back.

    By :
    Mary Monastesse
    - Posted on :
    08/08/2013
  • The arguement of the EU so called bail out seems to be this.
    Sorry your bank has gone bust! Nothing to do with us Guv, actually we are doing you a favour and giving you some of your money back.
    The arguement goes much deeper and is very complex.
    The policies of the EU and it's let's get you all up to speed here, improve your infastructure improve your health and hygiene,get your economy moving.
    All of this is has shaken up the entire dynamic of many of these countries is a floored policy.
    Although I know it can be seen as an arrogant stance on my behalf I feel that the true value of each Nation has been ignored, or at least misunderstood.
    I apreciate the example below is a generalisation,and the arguement is complex, however.
    If you take Greece as an example,
    if you actually look at the country and it's history and it's beauty surely the last thing anyone would do is inject cheap money into altering the it's appeal. Why do we need new motorways to nowhere,increasing the tax burden on the people, Why?
    It's not like they were starving, they had good hospitals, work etc.
    Actually they had a better life than us, a more simple non pressure driven life.
    This idea that we all need the German or British pressured money driven life style is not suitable to all. The reality is that we British and Germans often long for the slower life style of the southern Med.
    I am aware that this can be seen as arrogant as I said earlier, but
    and it's a big BUT, who has the better deal here, the guy that's used up the best years of his life
    to aspire to a house in the sun or the Greek ?
    If Greece was a company we would be enhancing the appeal,using it's assets and turning it into a huge gold mine.
    So back to the bail out, there is no chance that the EU has a clue,
    this is the first time for this experiment, they have given cheap money and played upon the greed of a few in power.The various governments receiving this money have been forced to implement new taxes and altering the make up of their societies.
    Then after messing up instead of apologising and helping
    they are blaming the innocent.
    I am by the way one of those crazy people who work 6 days aweek and
    do own a house in the sun.
    I have not lost anything so I have been lucky.
    I am now old enough to see that as in all things there is a balance, I do not have all the answers of course , but, stealing form the innocent and tellings them you have to face the harsh realities is a disgrace. The banks will recover and make huge profits in time, it's a fact trust me.Perhaps someone can tell me how is it different from the Mafia ?

    Stephen

    By :
    stephen09
    - Posted on :
    11/08/2013
The content of this field is kept private and will not be shown publicly.
A protester raises a placard during an anti-bailout rally outside in Nicosia on 24 March 2013. Photo by Yorgos Karahalis/Reuters
Background: 

The Cypriot banking sector got into trouble mainly because it lost €4 billion, or 22% of Cypriot GDP, on the restructuring of Greek sovereign debt in 2012, which itself was a condition for a second emergency loan package from the eurozone to Greece.

Under the weight of austerity measures taken to avert a national bankruptcy, Cyprus faces a bleak immediate future. Its international lenders forecast the economy will contract 8.7% this year and 3.9% in 2014.

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