Information Note on the Court’s case-law No. 103
December 2007
Marini v. Albania - 3738/02
Judgment 18.12.2007 [Section IV]
Article 6
Civil proceedings
Article 6-1
Access to court
Failure to give final determination of the applicant’s constitutional appeal due to tied vote: violation
Facts: The case concerned the applicant’s complaint about five sets of proceedings he had brought following a dispute with the Albanian Government over a joint-venture company they had set up in 1991. Among other things, the applicant complained of the lack of access to the Constitutional Court, which had dismissed his appeal on account of a tied vote.
Law: In reality, the Constitutional Court appeared to have failed to obtain a majority on any of the issues it had been called upon to decide and had therefore declined to take a decision in the applicant’s case. This had left the applicant without any final determination of his case and restricted the essence of his right of access to court. The tied vote provision in Albanian law did not serve the interests of legal certainty and was capable of depriving an individual of an effective right to have his constitutional appeal finally determined.
Conclusion: violation (unanimously).
Article 41 – EUR 330,000 in respect of pecuniary and non-pecuniary damage (lump sum including pecuniary damage for loss of investment and profits as the proceedings had exceeded the reasonable time requirement and the decision in the applicant's favour had not been enforced for a period of time).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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