Communicated on 31 August 2017
THIRD SECTION
Application no. 45367/16
Andres MARTINEZ LOPEZ-PUIGCERVER and Emilio MARTINEZ LOPEZ-PUIGCERVER
against Spain
lodged on 20 July 2016
SUBJECT MATTER OF THE CASE
The application concerns the applicants’ right to a fair trial within the framework of proceedings in which their mother was sentenced to pay costs and expenses incurred by other parties as a result of lodging an appeal with the Supreme Court. The applicants claim that such appeal was lodged after the death of their mother without their knowledge or consent and that they were not informed of the existence of the proceedings and given the opportunity to become a party to them as prescribed by law.
QUESTION tO THE PARTIES
Did the applicants have effective access to a court in accordance with Article 6 § 1 of the Convention having regard to the fact that they were not informed of the existence of the proceedings and given the opportunity to become a party to them after the decease of their mother and that the decisions rendered by the domestic courts were not personally served on them? Were such proceedings conducted in accordance with the requirements of the right to a fair trial as regards the applicants taking into account, in particular, that the judgment of the Supreme Court (no. 419/2011) was not personally served on them but their “appeal for annulment” (incidente de nulidad) was declared inadmissible for being submitted outside the time-limit?
Andres MARTINEZ LOPEZ-PUIGCERVER is a Spanish national who was born in 1948, lives in Alicante and is represented by M.A. Franco Duran Emilio MARTINEZ LOPEZ-PUIGCERVER is a Spanish national who was born in 1949, lives in Alicante and is represented by M.A. Franco Duran
Full & Egal Universal Law Academy