Published on 7 February 2022

SECOND SECTION

Application no. 55374/16 GHIOFRIG S.R.L. against the Republic of Moldova lodged on 15 September 2016 communicated on 18 January 2022

SUBJECT MATTER OF THE CASE

The application concerns alleged unfairness of civil proceedings. The applicant company was successful at first and second instances. However, the two judgments were reversed by the Supreme Court of Justice in the absence of an oral hearing and without the applicant having a chance to present its case.

The applicant complains that the proceedings were not fair because the Supreme Court of Justice acted as a first instance court but without conducting a proper hearing. It also complains that the outcome of the proceedings amounted to a breach of its rights under Article 1 of Protocol No. 1 to the Convention.

QUESTIONS TO THE PARTIES

1. Did the applicant have a fair hearing in the determination of its civil rights and obligations, in accordance with Article 6 § 1 of the Convention ( Covalenco v. the Republic of Moldova , no. 72164/14, § 25, 16 June 2020)?

2. Has there been a breach of the applicant’s right to peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1?

3. The Government are requested to submit a full copy of the case-file in the domestic proceedings.