Published on 16 September 2024
THIRD SECTION
Application no. 56514/21
Klodian RJEPAJ
against Albania
lodged on 16 November 2021
communicated on 30 August 2024
SUBJECT MATTER OF THE CASE
The application concerns issues under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention related to the non-enforcement of the Tirana District Court’s judgment of 4 December 2013, awarding the applicant compensation by the Albanian Insurance Bureau, for damages suffered as a result of a car accident.
QUESTIONS TO THE PARTIES
1. Has the applicant exhausted all available domestic remedies in respect of his complaint under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention about the alleged non-enforcement of the decision (compare Smagilov v. Russia (dec.), no. 24324/05, §§ 41-52, 13 November 2014)? In particular, was the applicant required to file an action under Article 399/1 et seq. of the Code of Civil Procedure for securing the enforcement of the judgments and/or for claiming compensation in respect of any pecuniary or non-pecuniary damage caused by the delays in enforcing those judgments (see Bara and Kola v. Albania, nos. 43391/18 and 17766/19, § 119, 12 October 2021)? The parties are asked to provide examples of the relevant case‑law of domestic courts.
2. Without prejudice to Question 1, has there been a violation of Article 6 § 1 of the Convention because the judgment awarding compensation to the applicant has not been enforced (see Burdov v. Russia (no. 2), no. 33509/04, § 66, ECHR 2009, and Sharxhi and others v. Albania, no.10613/16, § 92, 11 January 2018)?
3. Has there been a violation of the applicant’s right to peaceful enjoyment of his possession because of the non-enforcement of the judgment in his favour, contrary to the requirements of Article 1 of Protocol No. 1 to the Convention (see Fuklev v. Ukraine, no. 71186/01, §§ 90-91, 7 June 2005, and Bushati and Others v. Albania, no. 6397/04, §§ 92-94, 8 December 2009)?