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GLIAUBERTAI v. LITHUANIA

Doc ref: 67467/17 • ECHR ID: 001-187881

Document date: October 29, 2018

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GLIAUBERTAI v. LITHUANIA

Doc ref: 67467/17 • ECHR ID: 001-187881

Document date: October 29, 2018

Cited paragraphs only

Communicated on 29 October 2018

FOURTH SECTION

Application no. 67467/17 Darius GLIAUBERTAS and Mindaugas GLIAUBERTAS against Lithuania lodged on 8 September 2017

SUBJECT MATTER OF THE CASE

The application concerns the applicants ’ right to a fair hearing in a civil case for the annulment of a will. Under Article 6 § 1 of the Convention they complain of not having been informed of the Vilnius Regional Court ’ s ruling of 7 December 2017 in due time, so that they could effectively exercise their right to lodge an appeal on points of law with the Supreme Court. The applicants submit that the Vilnius Regional Court had sent a copy of its ruling to a wrong postal address, and that the applicants had learned about the existence of that ruling only few days before the time-limit to lodge an appeal on points of law expired. Such short time had been insufficient to prepare a proper appeal on points of law, which was then rejected by the Supreme Court.

QUESTION tO THE PARTIES

Were the applicants duly notified about the Vilnius Regional Court ’ s ruling of 7 December 2017, as required by Article 6 § 1 of the Convention (see mutatis mutandis , Buterlevičiūtė v. Lithuania , no. 42139/08 , § 58, 12 January 2016, and Fridman v. Lithuania , no. 40947/11, § § 24-26, 24 January 2017, and the cases cited therein)?

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