THIRD SECTION
DECISION
Application no. 11220/09
Sadik LLUKACAJ
against Albania
and 3 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 20 October 2022 as a Committee composed of:
Andreas Zünd, President,
Darian Pavli,
Frédéric Krenc, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and the relevant details of the applications are set out in the appended table.
The applicants were represented by Mr B. Muslija, a lawyer practising in Shkodër.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of the domestic civil proceedings were communicated to the Albanian Government (“the Government”).
THE LAW
JOINDER OF THE APPLICATIONSHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
ALLEGED VIOLATION OF ARTICLE 6 § 1 of the ConventionThe Court recalls that, under Article 35 § 2 (b) of the Convention, it shall not deal with any application submitted under Article 34 which is substantially the same as a matter which has already been examined by it, provided that the new application contains no relevant new information.
As regards the applicants’ complaints about the length of the civil proceedings before the Supreme Court that ended on 24 April 2014, the Court has already examined these complaints in its judgment of Lacej and Others v. Albania ([Committee], no. 22122/08, 29 September 2022). In this judgment and with respect to the same complaint, the Court found a violation as regards the applicants Kisha Orthodokse Autoqefale e Shqipërisë and Komuniteti Musliman i Shqipërisë, awarding them just satisfaction, and found the complaints inadmissible as incompatible ratione personae with the provisions of the Convention as regards the applicants Llukacaj and Ulqinaku.
Accordingly, the Court finds these applications are substantially the same within the meaning of Article 35 § 2 (b) of the Convention as the one dealt with by it in the Lacej and Others judgment, cited above. Therefore, these complaints must be rejected as inadmissible pursuant to Article 35 § 4.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 10 November 2022.
Viktoriya Maradudina Andreas Zünd
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth, where relevant
11220/09
13/05/2008
Sadik LLUKACAJ
1936
11225/09
13/05/2008
Adnan ULQINAKU
1940
11231/09
13/05/2008
Kisha Orthodokse Autoqefale e Shqipërisë
11232/09
13/05/2008
Komuniteti Musliman i Shqipërisë