Communicated on 3 July 2017
SECOND SECTION
Application no. 11485/11
FEDERATA SHQIPTARE E MUNDJES and VIRON BEZHANI
against Albania
lodged on 16 February 2011
SUBJECT MATTER OF THE CASE
The application concerns the non-enforcement of the Sports Arbitration Commission’s decision of 2 April 2009, which became executable by the execution writ of the Tirana District Court’s decision of 17 July 2009. The Sports Arbitration Commission found that the elections for the governing bodies within the Albanian Wrestling Federation were invalid. The first applicant, Mr Viron Bezhani, who was the General Secretary of the Federation at the relevant time, complained that he could not receive his monthly salary and the second applicant, the Albanian Wrestling Federation, complained that it could not receive funding from the State as a result of the non-enforcement of the aforementioned decision.
The applicants complain of a breach of their right of access to court under Article 6 § 1 of the Convention, their right to freedom of association under Article 11 of the Convention and their right of property under Article 1 of Protocol No. 1 to the Convention, on account of the non-enforcement of the domestic decision.
QUESTIONS tO THE PARTIES
1. Does the failure to comply with the Sports Arbitration Commission’s decision of 2 April 2009, which became executable by the execution writ of Tirana District Court decision of 17 July 2009, give rise to a breach of the applicants’ right of access to a court, as guaranteed by Article 6 § 1 of the Convention (see for example Gjyli v. Albania, no. 32907/07, § 43, 29 September 2009)?
2. Has there been a violation of the applicants’ right to freedom of association, guaranteed by Article 11 of the Convention, on account of the non-enforcement of the domestic decision (see for example The United Macedonian Organisation Ilinden and Others v. Bulgaria, no. 59491/00, 19 January 2006)?
3. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention in respect of the complaint under Article 1 of Protocol No. 1 to the Convention?
Was there an interference with the applicants’ right to the peaceful enjoyment of their possessions as guaranteed by Article 1 of Protocol No. 1 to the Convention? If so, has there been a breach of this provision as a result of the authorities’ failure to fully and in a timely manner enforce the Sports Arbitration Commission’s decision which became executable by the execution writ of Tirana District Court decision of 17 July 2009 (Ramadhi and Others v. Albania, no. 38222/02, 13 November 2007?
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