Communicated on 7 February 2020
Published on 24 February 2020
SECOND SECTION
Application no. 66649/13
Lidia CRIVOI
against the Republic of Moldova
lodged on 8 October 2013
SUBJECT MATTER OF THE CASE
The application concerns the refusal of the domestic courts to allow the applicant to take part in proceedings in which her civil rights and obligations were at stake and raises issues very similar to those in Cornea v. the Republic of Moldova (no. 22735/07, 22 July 2014).
A third person initiated labour proceedings against the applicant’s employer seeking to take the position occupied by the applicant and was successful at first instance. After learning about the proceedings, the applicant attempted to challenge the decision of the first instance court. However, her appeal and appeal on points of law have been dismissed by the Court of Appeal and the Supreme Court of Justice on the ground that she had not been a party to the proceedings and had not had the right to lodge an appeal and an appeal on points of law.
The applicant complains under Article 6 § 1 of the Convention that she did not have access to court. She also complains that the outcome of the proceedings infringed her rights guaranteed by Article 1 of Protocol No. 1 to the Convention.
QUESTION TO THE PARTIES
Was the refusal of the domestic courts to examine the applicant’s appeal and subsequent appeal on points of law compatible with the requirements of Article 6 § 1 of the Convention (Cornea v. the Republic of Moldova, no. 22735/07, 22 July 2014)?
Full & Egal Universal Law Academy