Published on 28 February 2022
SECOND SECTION
Application no. 45585/15
S.C. DIVADO-LUX S.R.L.
against the Republic of Moldova
lodged on 25 August 2015
communicated on 10 February 2022
SUBJECT MATTER OF THE CASE
The application concerns a civil law dispute between the applicant company and a third company concerning the right of ownership over a building. The domestic courts upheld an allegedly time-barred action lodged by the third company contesting the decisions of the general assembly of another company which gave right to the applicant company’s right of ownership. As a result of the outcome of those proceedings, the applicant eventually lost its title. The applicant complains that the proceedings were not fair under Article 6 § 1 of the Convention and that, as a result, its rights under Article 1 of Protocol No. 1 were also breached.
QUESTIONS TO THE PARTIES
1. Did the applicant have a fair hearing in the determination of its civil rights and obligations, in accordance with Article 6 § 1 of the Convention (see Grafescolo S.R.L. v. the Republic of Moldova, no. 36157/08, §§ 23-24, 22 July 2014)?
2. Has there been a breach of the applicant’s right to peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1?