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CARPOV v. THE REPUBLIC OF MOLDOVA

Doc ref: 6338/11 • ECHR ID: 001-180249

Document date: December 20, 2017

  • Inbound citations: 0
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  • Outbound citations: 3

CARPOV v. THE REPUBLIC OF MOLDOVA

Doc ref: 6338/11 • ECHR ID: 001-180249

Document date: December 20, 2017

Cited paragraphs only

Communicated on 20 December 2017

SECOND SECTION

Application no. 6338/11 Sergiu CARPOV against the Republic of Moldova lodged on 13 January 2011

SUBJECT MATTER OF THE CASE

The application concerns the quashing of a final judgment adopted in civil proceedings as a result of the upholding of an appeal allegedly lodged out of time. It raises issues concerning respect for res judicata and the principle of legal certainty resembling those examined in Istrate v. Moldova , no. 53773/00, §§ 44-55, 13 June 2006.

The applicant complains under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention that the principle of legal certainty was breached and that he lost property as a result of that breach.

QUESTION tO THE PARTIES

Was there a breach of the appli cant ’ s rights under Article 6 § 1 of the Conventio n and Article 1 of Protocol No. 1 to the Convention, as a result of the upholding of the appeal by the Bălți Court of Appeal on 28 September 2010 (see Istrate v. Moldova , no. 53773/00, §§ 44-55 , 13 June 2006).

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