Published on 9 October 2023

THIRD SECTION

Application no. 7386/22 INDUSTRI NDËRTIM (IN) SH.P. K. against Albania lodged on 2 February 2022 communicated on 22 September 2023

SUBJECT MATTER OF THE CASE

The application concerns several issues under Article 6 § 1 of the Convention in civil proceedings in which the applicant company was a party:

- the applicant company’s right to participate in the proceedings before the Tirana District Court;

- whether the composition of the Tirana District Court was in accordance with the law;

- the applicant company’s right of access to the Constitutional Court.

QUESTIONS TO THE PARTIES

Did the applicant company have a fair hearing in the determination of its civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular:

- Did the applicant company have the opportunity to participate at the hearings before the Tirana District Court? What are the procedural rules for the notification of proceedings before the Tirana District Court? How were those rules applied in the instant case (see Gankin and Others v. Russia , nos. 2430/06 and 3 others, §§ 28 and 35, 31 May 2016; and Aždajić v. Slovenia , no. 71872/12, §§ 53-72, 8 October 2015)?

- Was the composition of the Tirana District Court in accordance with the law (see Guðmundur Andri Ástráðsson v. Iceland [GC], no. 26374/18, §§ 211-34, 1 December 2020, and Richert v. Poland , no. 54809/07, § 41-43, 25 October 2011)? Did the Tirana District Court hold a preliminary hearing?

- Did the Constitutional Court’s decision, rejecting the applicant’s constitutional complaint as being lodged out of time violate the applicant’s right of access to a court as guaranteed by Article 6 § 1 of the Convention (see Supergrav Albania Shpk v. Albania , no. 20702/18, §§ 16-31, 9 May 2023)?