Published on 17 October 2022
SECOND SECTION
Application no. 49535/16
ARTMET S.A. and Others
against the Republic of Moldova
lodged on 10 August 2016
communicated on 29 September 2022
SUBJECT MATTER OF THE CASE
The application concerns the alleged breach of Article 6 § 1 of the Convention (adversarial proceedings / equality of arms) in civil proceedings concerning the applicant company’s claim that it had the right to continue producing license plates for the authorities. After an initial judgment in favour of the applicant company, Artmet S.A., its lawyer informed the Court of Appeal of his absence following surgery and asked for an adjournment, annexing a copy of the relevant medical excerpt (extras medical). At its first and only hearing, that court rejected the request since the copy had not been properly authenticated; it reversed the lower court’s judgment. According to the applicant company, it did not receive a copy of the other parties’ submissions on appeal before the Court of Appeal had ruled on the appeal. The Supreme Court of Justice did not give any reasons in this respect.
The applicant company complains that Article 6 § 1 was breached in that the judgment in its favour was overturned in the absence of its lawyer and without it having the opportunity to comment on the other parties’ submissions on appeal.
QUESTION TO THE PARTIES
1. Has there been a violation of Article 6 § 1 of the Convention, in particular in view of the examination of the appeal in the absence of the applicant company’s lawyer and without the applicant having the opportunity to become acquainted with the contents of the other parties’ submissions on appeal and to comment on them (compare Vardanyan and Nanushyan v. Armenia, no. 8001/07, §§ 86-90, 27 October 2016, and Prebil v. Slovenia, no. 29278/16, §§ 42-46, 19 March 2019)?
Application no. 49535/16
No.
Applicant’s Name
Year of birth/registration
Nationality
Place of residence
1.
ARTMET S.A.
Moldovan
Chisinau
2.
DIPAS-TUR S.R.L.
Moldovan
Chisinau
3.
Victor ODOBESCU
1944
Moldovan
Chisinau