FABRICA DE ZAHAR DIN GHINDESTI S.A. v. THE REPUBLIC OF MOLDOVA - 54813/08 (Judgment : Article 6 - Right to a fair trial : Second Section Committee) French Text [2019] ECHR 867 (03 December 2019)

FABRICA DE ZAHAR DIN GHINDESTI S.A. v. THE REPUBLIC OF MOLDOVA - 54813/08 (Judgment : Article 6 - Right to a fair trial : Second Section Committee) French Text [2019] ECHR 867 (03 December 2019)

The Court found that the Supreme Court of Justice restored the bank's time limit for appeal after a five-month delay without verifying compliance with the statutory thirty-day period and without sufficient justification, contrary to national law and the principle of legal certainty, resulting in a violation of...

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Citation
[2019] ECHR 867
Parties
Applicant: Fabrica de Zahăr din Ghindeşti S.A.; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 6 §1 and Article 1 of Protocol No. 1 found; just satisfaction awarded for non-pecuniary damage and costs; material damage reserved.
Legal Topics
Right to a Fair Trial, Protection of Property, Legal Certainty, Procedural Time Limits
Human Rights Law Civil Procedure Right to a Fair Trial Protection of Property Legal Certainty Procedural Time Limits

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Parties

Fabrica de Zahăr din Ghindeşti S.A.

Applicant

Republic of Moldova

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

  1. 1 Whether the annulment of a final judgment in favour of the applicant violated Article 6 §1 of the Convention and Article 1 of Protocol No. 1

Ratio Decidendi

The Court found that the Supreme Court of Justice restored the bank's time limit for appeal after a five-month delay without verifying compliance with the statutory thirty-day period and without sufficient justification, contrary to national law and the principle of legal certainty, resulting in a violation of Article 6 §1 and Article 1 of Protocol No. 1.

Court Disposition

Violation of Article 6 §1 and Article 1 of Protocol No. 1 found; just satisfaction awarded for non-pecuniary damage and costs; material damage reserved.

Orders

  • The respondent State must pay the applicant 2,000 EUR for non-pecuniary damage.
  • The respondent State must pay the applicant 1,400 EUR for costs and expenses.