Communicated on 28 June 2018

FIFTH SECTION

Application no. 175/11 Sabir KHALILI against Azerbaijan lodged on 6 December 2010

SUBJECT MATTER OF THE CASE

The application concerns the refusal by the applicant ’ s former employer, the State-owned Sumgayit “Organic-Synthesis” Plant, to reimburse his expenses for purchasing a special vehicle as a disabled person, which he was allegedly entitled to in accordance with Article 1118.1 of the Civil Code and Decisions nos. 433 and 3 of the Cabinet of the Ministers dated 5 August 1993 and 9 January 2003 respectively. The domestic courts refused to examine the applicant ’ s claim on the merits finding that it had been res judicata . The applicant disagreed with that finding, arguing that in the previous set of proceedings the courts had dismissed his claim that he should be provided with a special vehicle indicating that, after purchasing the vehicle himself, the applicant could have lodged a new claim for reimbursement.

QUESTIONS tO THE PARTIES

1. Has there been a breach of the applicant ’ s right of access to court, as guaranteed by Article 6 of the Convention? In particular, was the applicant ’ s claim against the e mployer res judicata under the domestic law?

2. Has there been an interference with the applicant ’ s peaceful enjoyment of his possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention? If so, was that interference in accordance with the conditions provided for by law and did that interference impose an excessive individual burden on the applicant?