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BIMAL D.D. v. BOSNIA AND HERZEGOVINA

Doc ref: 27289/17 • ECHR ID: 001-191281

Document date: January 30, 2019

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BIMAL D.D. v. BOSNIA AND HERZEGOVINA

Doc ref: 27289/17 • ECHR ID: 001-191281

Document date: January 30, 2019

Cited paragraphs only

Communicated on 30 January 2019

FOURTH SECTION

Application no. 27289/17 BIMAL D.D . against Bosnia and Herzegovina lodged on 28 March 2017

SUBJECT MATTER OF THE CASE

The application concerns administrative proceedings initiated by the Competition Council ( Konkurencijsko vijeće ) against the applicant company, finding a violation of the rules on competition an d imposing a fine of 240,691 convertible marks (BAM). The applicant company complains that the State Court ( Sud Bosne i Hercegovine ) failed to communicate to it observations of the Competition Council filed during the judicial review proceedings.

QUESTIONS tO THE PARTIES

Did the applicant company have a fair hearing in accordance with Article 6 § 1 of the Convention, given that observations of the Competition Council filed during the judicial review proceedings had not been communicated to the applicant company?

The Government are requested to submit the following documents filed by the Competition Council during the proceedings under consideration: its reply to the applicant ’ s appeal ( odgovor na tužbu ); submission ( obavijest ) of 28 September 2015; reply to the applicant ’ s request for the reconsideration of the judgment ( odgovor na zahtjev za preispitivanje sudske odluke ).

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