Information Note on the Court’s case-law 57

October 2003

Qufaj Co. Sh.p.k. v. Albania (dec.) - 54268/00

Decision 2.10.2003 [Section III]

Article 6

Civil proceedings

Article 6-1

Fair hearing

Non-enforcement of a final judicial decision: admissible

The applicant, a construction company, bought land from the municipality of Tirana, which granted planning permission to build five hundred flats but later refuse d to grant the requisite building permit. The applicant’s claim for compensation was dismissed by the District Court but upheld by the Court of Appeal. The municipality did not appeal against the Court of Appeal’s judgment, which became final. Despite noti fications from the Enforcement Office to the municipality requesting that it comply with the Court of Appeal judgment, the municipality repeatedly refused to comply, arguing that it had no budget. The applicant brought proceedings in the Constitutional Cou rt but the complaint was rejected as it was not within the Constitutional Court’s jurisdiction.

Admissible under Article 6 § 1 (fair hearing) – An application to the Ombudsperson would not have been an effective remedy as it cannot result in a decision enf orceable against governmental authorities. Likewise, an appeal to the Enforcement Office would not have enabled the applicant company to have the judgment in its favour executed. The Government’s preliminary objection that the applicant had no standing as a “victim” before the Albanian authorities or the Court, on the ground that it had failed to re-register was rejected, as the material facts complained of by the applicant had occurred before the obligation to re-register came into force.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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