Legal Wrangle Over St Nicholas Cathedral in Nice Finally Over

______________________________

On Wednesday, Xenia and Nikita Krivoshein, acting as spokesmen for the Russian émigré community in France, told Interfax-Religion that the Russian government finally ended its legal battle concerning the property of St Nicholas Cathedral in Nice, stating, “On 10 April 2013, the Court of Cassation, the highest legal organ of the French Republic, announced that it completely rejected the complaint of the Russian Orthodox Religious Association (ACOR) of Nice (which claimed the cathedral: Interfax)”. Thus, the court ruled that the Russian state is now unequivocally the legal owner of St Nicholas Cathedral in Nice, “the law and simple good-sense prevailed over sectarianism and denial of reality”.

In 1923, ACOR leased the church for 99 years, and, in 1931, it passed into the jurisdiction of the Patriarchal Exarchate for Orthodox Parishes of Russian Tradition in Western Europe (Ecumenical Patriarchate of Constantinople). On 19 May 2011, a French court confirmed that the Russian state had legal ownership of the church property in Nice. Then, the Russian government decided to hand over the property to MP Diocese of Korsun for its free and unlimited use. However, the Council of the Patriarchal Exarchate for Orthodox Parishes of Russian Tradition in Western Europe continued to consider itself the lawful possessor of the cathedral. In December 2011, Sergei Bolkhovitin, a mid-level official of the Russian Presidential Administration, handed over the keys of the cathedral in Nice to its new rector, Archpriest Nikolai Ozolin.

Today’s decision by the Court of Cassation in France marks the end of the long litigation over the legal ownership of the Russian cathedral in Nice. Now, members of the Russian émigré community hope that the Russian government will move on its claim to other major church buildings erected in Europe by the Russian Empire. Nikita Krivoshein noted, “Most of them are in poor condition and falling apart due to the poor maintenance done by their present temporary users. One can only hope that the decision concerning Nice will serve as a precedent for the resolution of similar situations in Paris, Biarritz, and other cities”. He emphasised that this year’s Holy Week services “at the Russian cathedral in Nice won’t be overshadowed by any external factors”.

St Nicholas Cathedral is one of the most visited historical attractions on the Côte d’Azur. Built in the early 20th century, the French state added it to its list of protected architectural monuments in 1987. Beginning of restoration work on the building will begin this year, financed by the Russian state and private sponsors. At present, it’s anticipated that the work will take two years to complete.

10 April 2013

Interfax-Religion

http://interfax-religion.ru/?act=news&div=50771

Editor’s Note:

When the Parisian modernists lost the court battle over St Nick’s, it was their death sentence. The funds raised from entrance fees to the church were the backbone of the Parisian budget. Frankly, the Phanar may give the Exarchate parishes a choice… go under Moscow, go under the Greek bishop for their area, or go vagante. Remember, the Phanar rejected all the proposed successors to Gabriel de Vylder. In short, even the EP sees that the Parisian Russians are a bad bet, a rum lot, and “dead men walking”.

SVS kissed the arse of the Parisians since the time of the Schmemann-Meyendorff duopoly. Now, there are noises that SVS wants to go EP if the OCA goes under. If they do, they won’t have the independence that they’ve enjoyed up to now (let’s be frank… ADS & Co took advantage of the spineless-jellyfish poofter weakling Feodosy). The Phanar would make them toe the EP party-line unreservedly and without complaint, and that’s that. Just sayin’… do pass the popcorn, the show isn’t completely over, yet… Rue Daru IS next, after all…

BMD

St Nick’s in Nice Reopens its Doors to Tourists

______________________________

A spokesman for the city of Nice said that St Nicholas Russian Orthodox Cathedral, which is, at present, closed to tourist groups, would reopen its doors on 1 July for visitors. In anticipation of the tourist season, under pressure from the tourism industry, Nice Mayor Christian Estrosi asked the parish authorities to reopen the Cathedral for visitors. St Nicholas Cathedral is one of the most-visited historical sites on the Cote d’Azur. Almost 300,000 people visited it in 2010. In conjunction with the MP, the Russian government decided to give free access to the cathedral for all comers. Until 2011, the Paris Exarchate charged an admission fee of three Euros to all visitors. A spokesman for the city told Interfax, “The reopening of the Orthodox cathedral will allow city residents and tourists to once again enjoy the beautiful park which is adjacent to it, and the city will help matters by updating municipal services to it”.

St Nicholas Cathedral was built in the early twentieth century; the French government placed it on its list of protected architectural monuments in 1987. A large-scale restoration of the building will begin in 2013, financed by the Russian government and private sponsors; it should take two years to complete. In 1923, the Russian Orthodox Religious Association (ACOR) leased the church for 99 years; in 1931, it passed under the jurisdiction of the Patriarchal Exarchate for Orthodox Parishes of Russian Tradition in Western Europe (EP). On 19 May 2011, a French court affirmed that the Russian government had the right of ownership to the Russian church in Nice. The Russian government decided to hand it over to the MP Diocese of Korsun, for its free and unlimited use. However, the executive council of the Paris Exarchate continued to consider themselves the legitimate occupant of the cathedral. In December 2011, Sergei Bolkhovitin, the deputy manager of the Russian presidential administration, handed the keys of the cathedral in Nice to its new rector, Archpriest Nikolai Ozolin.

18 June 2012

Interfax-Religion

http://www.interfax-religion.ru/?act=news&div=45955

Editor’s Note:

On entrance fees alone, the Paris Renovationist clowns were scamming over 900,000 Euros (36.67 million Roubles. 1.13 million USD. 720,000 UK Pounds) a year just on entrance fees. That’s not counting souvenirs or concessions. In short, this was a VERY large cash cow for Gabriel, with a VERY loud MOO. What’s going to happen to the Paris gang, now that they’ve lost their gelt? The Centre won’t give them any. The Phanar can’t give them any, as its dependent on Langley and handouts from rich Greek-Americans (pony up enough cash and Bart will make you an “Archon”… fancy that). The OCA certainly has no extra cash on hand… it has to pay its lawyers (and the Storheim kafuffle isn’t over yet, kids). Lastly, SVS has no money… they’re using creative accounting to lull the faithful. In short, “there’s a hole in the bucket”, and there’s no “silversmith from Tula” to put it right.

You see, most of the admittance charges were “painless”… that is, the Paris crooks charged the tour coach operators, not the individuals in a group holiday package. Ergo, it was the perfect scam. The marks didn’t pay out of pocket, the Paris bunch pocketed the cash, and they probably kicked back 5 percent to the coach operators, everybody was happy. Each bus with 40 people would net 12 Euros for the operator… and it would take 7,500 tour buses to make up 300,000…the operators pocketed 90,000 Euros (3.66 million Roubles. 113,000 USD. 72,000 UK Pounds) amongst them… no chump change, kids. One wonders if Bart took his cut of the swag, too? Considering how he acted in Estonia, I’d say that Cookie the Bookie’s giving good odds on it.

This was a big loss for the Renovationists; it’s why they’re so quiet about it. Things aren’t so simple in the real world, are they?

BMD

For the First Time in a Century, an MP Bishop Served Liturgy at St Nicholas Cathedral in Nice (France)

Bishop Nestor Sirotenko of Korsun (1974- ), MP ruling bishop in France, Spain, Switzerland, and Portugal

______________________________

The website of the MP Diocese of Korsun (covering France, Spain, Switzerland, and Portugal) reported that Bishop Nestor Sirotenko of Korsun served Liturgy for Epiphany at St Nicholas Cathedral in Nice, where the MP recently took over the keys to the building. This was the first time that an MP hierarch served in the cathedral since the beginning of the 20th century. That same day, Bishop Nestor performed the Rite of the Great Blessing of the Waters. In addressing the believers present, Vladyki Nestor expressed his confidence that a strong Orthodox community would soon arise in the cathedral parish.

In December 2011, Sergei Bolkhovitin, the deputy head of the RF Presidential Administration, handed the keys of St Nicholas Cathedral in Nice to Archpriest Nikolai Ozolin, the new rector. This ended the drawn-out, melodramatic, and stagy process of returning the church to the MP’s ownership. On Friday, our Interfax-Religion correspondent reported that the blog of the MP Diocese of Korsun posted that a ceremony took place at which the parties involved signed an official protocol formalising the transfer of St Nicholas Cathedral to the MP. A service led by the former and current rectors of the Church, Frs Johann Heidt and Nikolai Ozolin, preceded this long-awaited event. Fr Johann served Liturgy and Vespers, but both priests communed the believers present.

As reported in May 2011, a French court affirmed Russia’s right of ownership to the church in Nice, but the council of the Exarchate of Russian Parishes in Western Europe (EP) continued to consider itself the legitimate owner of St Nicholas Cathedral. In late October, the highest court in Nice ordered the EP group to hand over the keys to St Nicholas Cathedral to the RF government within seven days, but the situation dragged on for another six weeks.

 20 January 2012

Interfax-Religion

http://www.interfax-religion.ru/?act=news&div=43874

12 September 2011. Two Official Documents on the Paris Gang’s Refusal to Hand Over St Nick’s in Nice to its Proper Owners

An Official Statement of the MP Diocese of Korsun in re St Nicholas Russian Orthodox Cathedral in Nice

As you know, on 19 May, a French court confirmed that the Russian Federation has ownership rights over St Nicholas Cathedral in Nice. For its part, the Russian state decided to transfer St Nicholas Cathedral in Nice to the Moscow Patriarchate in perpetuity, for its free and unlimited use. In France, the Diocese of Korsun is the relevant MP body registered with the French state as a corporate entity. Directly, the Diocese of Korsun intends to take up the obligations assigned to it by the Russian State’s decision; firstly, to take over the administration and responsibility for the contents of the church building, and, secondly, to carry out a smooth transition in its liturgical and parish life. Besides that, the Diocese of Korsun considers it necessary to carry out appropriate restorations and improvements at St Nicholas Cathedral in Nice, as it’s an integral part of the French cultural heritage and a symbol of Franco-Russian friendship.

To further this objective, the Diocese of Korsun diocese sent two clergymen, a priest, and a deacon, to Nice; giving them instructions to take over the parish administration, as well as to begin negotiations with officials of the Orthodox Cult Association of Nice (ACOR). They were to secure the keys and deeds to the church building, end all commercial activities on its property (in particular, abolishing fees for cathedral visitors), and ensure the proper performance of services, along with giving  a proper welcome to parishioners, pilgrims, and visitors. The arrival of the MP delegation and its mission wasn’t unknown to the leading elements of the EP Exarchate of Russian Parishes in Western Europe, under whose direction the liturgical life of the parish is at present. As the clergy of both dioceses concelebrated on the feastday of the Transfiguration of Our Lord, obviously, the Diocese of Korsun is open to dialogue with the Exarchate, and wishes to resolve the situation in a spirit of peace and brotherly love, without prejudice to any party.

I’d like to emphasise that we don’t accept that the ACOR, which brought litigation against the Russian Federation, is coextensive with St Nicholas Cathedral parish or the community of Orthodox believers in the region. It’s a well-known fact that the number of believers belonging to the MP in Nice significantly increases every year. However, neither the owning party of St Nicholas Cathedral, the Russian Federation, which, due to ACOR’s failure to recognise its rights and to negotiate in good faith, entrusted the cathedral to the MP, nor the Diocese of Korsun, which is henceforth responsible for St Nicholas Cathedral, doesn’t intend to prohibit access to the church building to anyone. This is a place of prayer; now, it’ll be open for free admission to all comers. Traditional Orthodox parish and liturgical life at the Cathedral will continue.

The Bishop of Korsun and the head of the EP Exarchate of Russian Parishes in Western Europe will address all canonical questions. We hope that they’ll be resolved in a spirit of peace and mutual understanding. The Diocese of Korsun intends to take into account the wishes and aspirations of all Orthodox believers living in Nice and its environs without exception. It’ll make every effort to see to it that its decisions lead to reconciliation amongst the existing communities, to strengthen inter-Orthodox unity and cooperation.

31 August 2011

Patriarchia.ru

MP Official Website

http://www.patriarchia.ru/db/text/1609577.html

******

Communiqué 01-11 of the Diocesan Administration of the EP Exarchate of Russian Parishes in Western Europe

Following the publication on the site Let’s Talk About Orthodoxy hosted by the MP Diocese of Korsun in France of a report that Fr Nicolas Ozolin (son) would be appointed rector of St Nicholas Russian Orthodox Cathedral in Nice, Archbishop Gabriel de Vylder and the Diocesan administration wish to point out that they’ve received no official information about this matter.

They also emphasise that, according to the immutable tradition of the Orthodox Church, based on the canons, the appointment of a cleric to serve at an altar at which the liturgy has been celebrated for many years in the name of another bishop can’t be done without the explicit agreement of the latter. They also state that the ownership of a building doesn’t in any way confer on its holder the right to choose the diocese to which the clergy belong or to make any appointment. An appointment made without the consent of the local bishop would be a flagrant violation of recognised church practice. The St Nicholas Cathedral in Nice is at present under the jurisdiction of the Archbishop of Comana. A meeting between Bishop Gabriel and Bishop Nestor should take place soon.

******

Editor’s Note:

The above rebellious note by the Paris gang shows all, even the slow learners, who’s the infantile and defiant party in this dispute. The Paris group is COMPLETELY in the wrong. They were informed officially of the impending change, and they spat in the face of the MP and in the face of the French court’s decision. The real reason for all this is that de Vylder is dependent on the fees that come in from admission charges to finance his “church”. Don’t forget… de Vylder contumaciously and without cause withheld communion from Lydia Plas for exposing both his and his clergy’s machinations in Nice. His Holiness Patriarch Kirill noted and praised Mme Plas’ stand for the truth. SVS and the Syosset gang (especially Lyonyo Kishkovsky) supported the Paris gang’s noisome actions. After all, it’s what they do… Aleksandr Schmemann taught them that!

All good Orthodox Christians have an obligation to support the Centre in this and oppose the Paris rebels… one of these is NOT like the other, one of these things ain’t even the same!

BMD