THIRD SECTION
DECISION
Application nos. 35018/12 and 14316/14
Vladimir Nikolayevich PONOMAREV against Russia
and Irina Petrovna SOSINA against Russia
The European Court of Human Rights (Third Section), sitting on 9 November 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, 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,
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’ complaints under Article 6 § 1 of the Convention concerning their absence from civil proceedings were communicated to the Russian Government (“the Government”).
THE LAW
A. Joinder of the applications
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
B. Complaints under Article 6 § 1 of the Convention
In the present applications, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the applicants’ absence from civil proceedings in their cases. The Government in both these cases provided proof, which the applicants failed to refute, that they had been properly notified about the hearings in their respective cases.
Turning to the circumstances of the present case, the Court notes that the applicants were duly informed of the time of the hearing and the court in which it would be held. The summons contained sufficient information about the date and hour of the hearing (see Teuschler v. Germany (dec.), no. 47636/99, 4 October 2001, and Godlevskiy v. Russia (dec.), no. 14888/03, 9 December 2004).
In view of the above, the Court finds that these applications are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 30 November 2017.
Liv TigerstedtLuis López Guerra
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Nature of the dispute
First-instance hearing date
Court
Appeal hearing date
Court
35018/12
15/05/2012
Vladimir Nikolayevich Ponomarev
19/02/1948
filial payments dispute
19/12/2011
Justice of the Peace no. 29 in Zheleznogorsk
of the Krasnoyarsk Region
16/04/2012
Zheleznogorsk Town Court of the Krasnoyarsk region
14316/14
28/01/2014
Irina Petrovna
Sosina
24/10/1964
inheritance / housing dispute
12/09/2012
Hostinskiy District Court of the Krasnodar Region
27/11/2012
Krasnodar Regional Court
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