Information Note on the Court’s case-law 42

May 2002

Stone Court Shipping Company, S.A. v. Spain (dec.) - 55524/00

Decision 7.5.2002 [Section IV]

Article 6

Civil proceedings

Article 6-1

Access to court

Rejection of a cassation appeal by the Supreme Court as out of time although it had been lodged with the Madrid duty court: admissible

In December 1996, the Audiencia Nacional dismissed an appeal lodged by the applicant company against a decision rejecting an application for compensation made by the company against the State. In a decision notified on 6 March 1997, the Audiencia Nacional took formal note of the applicant company's wish to appeal on a point of la w and summoned the parties to appear before the Supreme Court to submit the appeal within the statutory period of 30 working days. On Friday 11 April 1997, the day before the expiry of the set deadline, the applicant company submitted its appeal to the dut y court. The appeal was registered by the registry of the Supreme Court on Monday 14 April 1997. The applicant company's appeal was declared inadmissible by the Supreme Court, which declared that the appeal had been submitted after the deadline had expired . The court pointed out that, in accordance with the applicable law, the only appeals which could be lodged with the duty courts were those for which the submission deadline expired on the same day as they were submitted to these courts, and outside the ho urs during which the court with which they were to be lodged held its hearings. The Supreme Court did not accept the applicant's de súplica appeal, and its constitutional appeal was dismissed.

Admissible under Article 6 § 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes