Communicated on 29 September 2018
FOURTH SECTION
Application no. 847/17
Boris ŽIGON and Miran KEBER
against Slovenia
lodged on 23 December 2016
SUBJECT MATTER OF THE CASE
The application concerns bankruptcy proceedings against the limited liability company E., of which the applicants (see the appendix) are the only shareholders. Bankruptcy proceedings were initiated by the company E.’s previous employee who claimed that she had not received salary for more than two months. In the domestic proceedings, the applicants disputed the aforementioned employee’s entitlement to salary and argued that the liquidation of the company with large assets was a disproportionate measure. The applicants similarly complain before the Court, in their own name, that the decision allowing bankruptcy proceedings against the company E. was a disproportionate measure because the debt in question amounted to only 7,000 EUR while the company had almost a million euros on their account and owned a property of significant value.
QUESTIONS tO THE PARTIES
1. Can the applicants claim to be victims of a violation of the Convention, within the meaning of Article 34?
2. Has there been an interference with the applicants’ peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1 on account of the bankruptcy proceedings?
3. If so, was the interference with Article 1 of Protocol No. 1 justified? In particular, was it proportionate to the aim sought to be achieved or did it impose an excessive individual burden on the applicants (see, mutatis mutandis, Vaskrsić v. Slovenia, no. 31371/12, §§ 77 and 83-86, 25 April 2017)?
Boris ŽIGON is a Slovenian national who was born in 1953 and lives in Renče Miran KEBER is a Slovenian national who was born in 1954 and lives in Volčja Draga
Full & Egal Universal Law Academy