(1988)1988 April4 [L0R1S.J.] INTHE MATTER OFARTICLE 146OFTHE CONSTITUTION E. &V. FLYING DOLPHINS LIMITED, Applicants, v. THE REPUBLIC OFCYPRUS,THROUGH THE COUNCILOFMINISTERS, Respondent. (Case No. 97/86). Acts or decisions in the sense of Article J46 of the Constitution—Order of CouncilofMinistersvaryingpreviousorders relating tocontrolledareasfor thepurposes of the Rent Control Laws—Aregulatory act of a legislative content—Notjusticiable underArticle146—Recourse dismissed. The facts of this case appear sufficiently from the judgment of the 5 Court. Recoursedismissed. No orderastocosts. Casesreferredto: LanitisFarms Ltd. v.The Republic
(1982)3C.L.R. 124; Nicosia Race Club v.TheRepublic
(1984)3C.L.R. 791. Recourse. Recourse against the validity of theOrder of theCouncilof Ministers No. 2/86 whereby previous orders of the Council of 734 10 3 C.L.R. Flying Dolphins v. Republic Ministers published on 8.8.75 and 8.7.77 were varied so as to exclude the areas referred to in the Appendix to Order No. 2/86 from theoperation of theRentControl Laws. . L.Papaphilippou,for theapplicant. 5 N. Charalambous, SeniorCounsel of theRepublic, for therespondent. Cur. adv. vult. LORIS J. read the following judgment. The present case revolves on thevalidity of theOrder issued bytheCouncil of Ministersand published under No.2/86 (in Supplement No.3of the 10 Official Gazette of the Republic under No. 2103dated 10.1.86), whereby previous Orders of the Council of Ministers published on 8.8.75.and 8.7.77 (declaring areas therein mentioned as "controlled" for the purposes of the Rent Control Laws) were varied so as toexclude theareasreferred toin theAppendix toNo.2/86 15 from theoperation of the RentControl Law. 20 /. / Learned counsel appearing for the respondent raised the preliminary objection that the Order challenged by means of the present recourse does not constitute an executory administrative actenvisaged by Article 146of theConstitution, but it isinsubstance and infact aRegulatory actof alegislativecontent, which cannot bechallenged as such, under Article 146of the Constitution. The alleged legitimate interest of the applicant company in challenging thevalidity of theaforesaid Order,is the bearing that 25 theOrder willhaveintheresolution ofadisputebetween theapplicant company and the Cyprus Tourism Organisation, in connection with the possession of three shops situated within the Lamaca Marina;inspiteof thefact that Cyprus Tourism Organisation isdirectly involved in thedispute in question, the Organisa30 tion hasnot been made aparty to thepresent proceedings; thisis abundantly clear from the title of thepresent recourse which de-, 735 LorisJ. FlyingDolphinsv.Republic
(1988)scribestheRespondent inthiscaseas"TheRepublicof Cyprus throughtheCouncilofMinisters". Turningnowtotheconsiderationofthepreliminary objection oflearnedcounselappearingfortheRespondent;having carefully gonethroughthesub-judiceOrderandhavingconsideredsamein 5 thelightofthedecisionsinLanitisFarmsLtd., v.TheRepublic
(1982)3 C.L.R. 124 and NicosiaRace Clubv. The Republic
(1984)3C.L.R.791,1hold theviewthattheOrderinquestion doesnotcomewithintheambitofArticle146oftheConstitution,' as in substance it was aregulatory act of a legislative content, JQ AndasstatedinthecaseofLanitisFarmLtd. (supra) atpage132 "Consequentlyregulatoryactsofalegislativecontentwhetherissued bythe Council of Ministers orother administrative organ cannot bedirectly challenged before the Supreme Court asnot satisfying theprerequisitesofArticle 146oftheConstitution and ,c thisisthepositionregardingtheorderchallengedbythesetworecourses.Supportforthisapproachcanalsobederivedfromwhat was decided in the cases, inter alia, of Police and Hondrou, 3 R.S.C.C.82;SophoclisDemetriades &SonandAnotherv. The Republic
(1969)3C.L.R.p.577;andDemetrios Philippou& Othersv.TheRepublic
(1970)3C.L.R. 129". ° Intheresultthepreliminaryobjection issustained. Having reached thisconclusion, Iconsider it unnecessary to determinetherecourseonitsmerits;presentrecourseisaccordinglydismissed.Lettherebenoorderastocosts. ~s Recoursedismissed. Noorderastocosts. 736