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IMMOTERRA INTERNATIONAL DENIA, S.L. v. SPAIN

Doc ref: 60484/16 • ECHR ID: 001-179505

Document date: November 21, 2017

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IMMOTERRA INTERNATIONAL DENIA, S.L. v. SPAIN

Doc ref: 60484/16 • ECHR ID: 001-179505

Document date: November 21, 2017

Cited paragraphs only

Communicated on 21 November 2017

THIRD SECTION

Application no. 60484/16 IMMOTERRA INTERNATIONAL DENIA, S.L . against Spain lodged on 10 October 2016

SUBJECT MATTER OF THE CASE

The application concerns the alleged failure of the domestic courts to summon the applicant, a company, in the framework of civil foreclosure proceedings after which its property was sold at an auction to the plaintiff, a banking entity.

QUESTION tO THE PARTIES

Did the applicant have effective access to a court and to judicial remedies in accordance with Articles 6 § 1 and/or Article 13 of the Convention having regard to the fact that the applicant was not personally served with the initial judicial decisions and documents rendered during the foreclosure proceedings (in particular, the initial complaint – demanda ejecutiva – and the subsequent judicial payment order – requerimiento de pago )?

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