Published on 24 November 2025
THIRD SECTION
Application no. 24979/24
TURGUT OZAL EDUCATION SHA
against Albania
lodged on 30 August 2024
communicated on 7 November 2025
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s right of access to court.
The applicant is a legal person that operates in various levels of the education sector in Albania. Following the termination of licence for one of its educational establishments, kindergarten “Zubeyde Hanim”, the applicant initiated injunction proceedings.
On 26 September 2022 and 27 February 2023, the applicant’s request for an injunction was dismissed by the First Instance and Appeal Court respectively. The applicant alleges that the Appeal Court decision was served on it by tracked postal service on 27 March 2023 and that the 5 day time-limit for lodging a cassation appeal expired on 3 April 2023.
On 3 April 2023 the applicant lodged a cassation appeal.
On 12 October 2023 the Supreme Court dismissed the appeal as lodged out of time. It considered that the Appeal Court’s decision had been served on the applicant on 24 March 2023 and that the 5 day time-limit for lodging a cassation appeal had therefore expired on 29 March 2023.
On 5 April 2024 the Constitutional Court dismissed the applicant’s constitutional complaint for lack of jurisdiction.
QUESTIONS TO THE PARTIES
1. Was Article 6 § 1 of the Convention under its civil head applicable to the interim proceedings in the present case (see Micallef v. Malta [GC], no. 17056/06, §§ 83-86, ECHR 2009)?
2. If so, did the applicant have access to the Supreme Court, for the determination of its civil rights and obligations, in accordance with Article 6 § 1 of the Convention (see Zubac v. Croatia [GC], no. 40160/12, §§ 76-99, 5 April 2018; and Patricolo and Others v. Italy, nos. 37943/17 and 2 others, §§ 67-70, 23 May 2024)?
In particular, when was the Appeal Court’s judgment served on the applicant and when did the deadline for lodging a cassation appeal with the Supreme Court expire?