Why join the Action Group
Counsel’s view is that minimum fee practices by the Cyprus Bar Association  are in clear breach of the price fixing and cartel provisions of Article 101 of the European Treaty and are therefore unlawful in European law.
A formal action has therefore been lodged at the European Commission
challenging the lawfulness of fees charged by lawyers in Cyprus. Cyprus is a member state of the European Union. It must therefore comply with European legislation. The Commission’s decision is now awaited with great interest.

A favourable decision by the European Commission will mean that those fees overcharged by Cypriot lawyers, which have been calculated under the Minimum Fee Regulations, will be found to be void in law and refundable to clients. Further possibilities exist for claims.
A ruling could therefore be followed by multiple claims from consumers for repayment of overcharged fees. With the potential extent on the economic legal market being significant, funds available for repayment will be limited and speed of action following the Complaint decision will be of the essence.
Finding a lawyer in Cyprus who is willing to take on a case against other local lawyers is  difficult. All lawyers in Cyprus are required to be members of the Cyprus Bar Association so they are jointly liable under competition law.

Fairness in Fees has already tested the legal arguments and process in Cyprus and, with the support it has from Counsel and BPE Solicitors, it can support Action Group members in actions for presentation of competition law arguments by local lawyers in Cyprus.
Counsel's legal arguments in the Complaint to the European Commission are sophisticated and complex. That top level expertise does not appear to be easily available in Cyprus and that is what is required to win the legal arguments in order to pursue recovery. It would be much more effective and economic for each individual claimant if the various recovery claims were to run in parallel and for the Action Group to support parallel actions (there may be other options).
In the meantime the European Commission is continuing to investigate the Complaint and the Action Group may be required to provide further information to the Commission.
Members joining the Action Group will be kept informed of progress on the Commission’s decision. Further information on the formal Complaint document and Counsel advice is available for members.