Published on 16 May 2022

THIRD SECTION

Application no. 18175/12 Nikolla CEPIKU and SENI SH.P.K. against Albania lodged on 7 March 2012 communicated on 26 April 2022

SUBJECT MATTER OF THE CASE

The applicant is one of the shareholders of an Albanian company named “Seni” sh.p.k. On 2 December 2003 the other shareholders lodged a court claim arguing that the company no longer fulfilled the statutory criteria to continue operations and seeking the dissolution of the company. The applicant was a party to those proceedings and argued that the company was viable. On 21 March 2006 the Tirana Court of Appeal ordered the dissolution the company. On 26 February 2009 and 21 June 2011, the Supreme Court and the Constitutional Court, respectively, rejected the applicant’s appeals.

QUESTIONS TO THE PARTIES

1. Has there been a breach of Article 6 § 1 of the Convention on account of the length of proceedings concerning the company’s dissolution (see Luli and Others v. Albania , nos. 64480/09 and 5 others, § 96, 1 April 2014)?

2. Did the applicant have an effective remedy, as required by Article 13 of the Convention, concerning its complaint about the length of the proceedings (see idem. , § 79)?