Nicosia, January 22, 2026 — Cyprus’ Administrative Court of Appeal has upheld the Competition Protection Commission’s appeal in a case involving the Cyprus Theatre Organisation (THOC), setting aside an earlier Administrative Court ruling and referring the matter back to the lower court for further examination.
The Commission said the dispute stems from its Decision 42/2019, dated August 27, 2019, in which it found an infringement of Article 6(1) of Cyprus’ Competition Law 13(I)/2008 in relation to THOC’s alleged abuse of a dominant position and its handling of state subsidies granted to private theatre groups.
The Administrative Court had previously annulled the Commission’s decision after concluding that THOC fell within the exemption under Article 7 of Law 13(I)/2008, which provides an exclusion from the application of competition rules for undertakings entrusted with services of general economic interest.
Legal Exemption Disputed
In its appeal, the Commission challenged how the lower court interpreted and applied Article 7. The Court of Appeal ruled on legal issues, including whether the Article 7 exemption applied and whether a lawful technical or economic method existed for THOC to comply with the competition rules.
Delegation Option Highlighted
According to the Commission, the Court of Appeal found the lower court had wrongly concluded that there was no lawful way for THOC to comply with the law. The appeal court said there was a possibility for THOC to delegate the relevant competence arising from Law 71/1970, under the framework of Law 23/1962, in a way that would allow compliance with Article 6(1).
Case Returns to Lower Court
The Court of Appeal ordered the case to be sent back to the Administrative Court so that additional grounds for annulment raised by THOC — and not examined during the first-instance proceedings — can now be considered.
