Published on 21 March 2022

SECOND SECTION

Application no. 55569/11 Alexandra PODDEACEVA against the Republic of Moldova lodged on 22 August 2011 communicated on 2 March 2022

SUBJECT MATTER OF THE CASE

The application concerns examination by the Supreme Court of Justice of an appeal on points of law lodged outside the time-limit. The latter court’s decision resulted in the annulment of a judgment which had normally become final after the expiry of that time-limit. The Supreme Court of Justice did not give any reasons to reject the applicant’s argument that the other party’s appeal had been late.

The applicant complains under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention about a breach of the principle of “legal certainty” and the loss of enjoyment of a final judgment in her favour.

QUESTIONS TO THE PARTIES

1. Has there been a violation of Article 6 § 1 of the Convention? In particular, did the Supreme Court of Justice examine an appeal lodged outside the legal time-limit, without giving reasons for rejecting the applicant’s argument in this respect ( Ponomaryov v. Ukraine , no. 3236/03, §§ 41, 3 April 2008, and Bodiu v. The Republic of Moldova , no. 7516/10, 18 June 2019)?

2. Has there been a violation of Article 1 of Protocol No. 1 to the Convention as a result of accepting a late appeal (see the cases cited above)?