Communicated on 24 May 2019
THIRD SECTION
Application no. 14195/15
Makis SAVVIDES
against Cyprus
lodged on 16 March 2015
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s right of access to court in the context of maintenance proceedings.
The applicant complains under Article 6 § 1 that the Supreme Court, in dismissing his appeal (no.12/12) for lack of jurisdiction on the ground that he had failed to refer to the Family Court of Second Instance on the title of his appeal, acted with excessive formalism in violation of his rights of access to court and to a fair trial. In this connection he points out that his appeal was registered by the Registry of the Supreme Court (which is also the Registry of Family Court of Second Instance), procedural steps were taken and written addresses were filed in the case following directions by the Supreme Court. The Supreme Court only drew the omission to the applicant’s attention on the hearing date and subsequently dismissed an application to amend the title of the appeal.
The applicant also complains under Article 13 of a lack of an effective remedy for his above complaint.
QUESTIONS tO THE PARTIES
1. Has there been a violation of the applicant’s right of access to court and/or his right to a fair trial within the meaning of Article 6 § 1 of the Convention on account of the Supreme Court’s dismissal of his appeal? In particular, given the applicant’s complaint set out above, was the Supreme Court’s approach arbitrary or excessively formalistic?
2. Did the applicant have at his disposal an effective remedy for his complaint under Article 6 § 1 of the Convention, as required by Article 13 of the Convention?
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