Communicated on 16 June 2016
FIRST SECTION
Application no. 8787/13
Spase SPASENOSKI
against the former Yugoslav Republic of Macedonia
lodged on 26 January 2013
SUBJECT MATTER OF THE CASE
The applicant’s request that bankruptcy proceedings be opened in respect of a company-debtor was dismissed by a single judge and, subsequently by a bankruptcy panel, which decided in second instance. The Bitola Court of Appeal rejected his further appeal, notwithstanding that section 12(5) of the Bankruptcy Act (Закон за стечај, Official Gazette no.34/2006, 126/2006, 84/2007, 47/2011) provided that decisions of the bankruptcy panel were amenable to appeal.
The applicant invokes Article 13 of the Convention, alleging that he was deprived of access to a court.
QUESTION tO THE PARTIES
Having regard to the Bitola Court of Appeal’s decision of 5 November 2012 rejecting the applicant’s appeal, was the applicant denied the right of access to a court, in breach of Article 6 § 1 of the Convention?
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