Communicated on 19 January 2018
SECOND SECTION
Application no. 42875/13
Fatmir GJANCI
against Albania
lodged on 9 June 2013
SUBJECT MATTER OF THE CASE
The application concerns civil proceedings before the Supreme Court held in the absence of the applicant. It appears that the summons for the Supreme Court hearing of 13 September 2011 was published on the notice board only. The applicant complains under Article 6 § 1 of the Convention that the fact that he was not personally notified of the Supreme Court hearing amounted to a hindrance of his right of access to court and that, as a result, the principles of equality of arms and adversarial proceedings were not respected.
QUESTIONS tO THE PARTIES
1. Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, were the principles of equality of arms and adversarial proceedings, as well as the right to be present at the hearing, respected as regards the examination of the case by the Supreme Court without the applicant’s participation? Was the applicant’s right of access to court breached, on account of his inability to challenge the decision taken in his absence (see for example Gakharia v. Georgia, no. 30459/13, § 44, 17 January 2017)?
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