RAZESU AND OTHERS v. THE REPUBLIC OF MOLDOVA
Doc ref: 10435/10 • ECHR ID: 001-229058
Document date: November 2, 2023
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Published on 20 November 2023
SECOND SECTION
Application no. 10435/10 Nicolae RAZESU and Others against the Republic of Moldova lodged on 28 November 2009 communicated on 2 November 2023
SUBJECT MATTER OF THE CASE
The application concerns the annulment, on an appeal not provided for by the domestic law, of a court decision to accept a civil court action for examination, and the resulting striking out of that case. The applicants are minority shareholders in a company (M.) and started civil court proceedings, claiming a part of M.’s assets by separating them from M. The first-instance court accepted the case for examination in a final decision not subject to any appeal, but the Court of Appeal annulled it and decided to strike the case out.
The applicants complain under Article 6 of the Convention about a violation of their right of access to a court.
QUESTION TO THE PARTIES
Was Article 6 § 1 of the Convention under its civil head applicable to the proceedings in the present case?
If so, did the applicants have access to a court for the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention ( Zubac v. Croatia [GC], no. 40160/12, §§ 76 et seq. , 5 April 2018)? In particular, given that the appeal annulling the court decision in question was not provided for by domestic law, did the limitation of the applicants’ right of access to court restrict that right in such a way that its very essence was impaired? Has that limitation pursued a legitimate aim and was it proportionate in relation to the aim pursued in these circumstances (see Zubac , cited above, § 79)?
APPENDIX
Application no. 10435/10
No.
Applicant’s Name
Year of birth/registration
Nationality
Place of residence
1.Nicolae RĂZEȘU
1965Moldovan
Chișinău
2.Pavel BECCIV
1959Moldovan
Chișinău
3.Viorel CHETRUÅžCÄ‚
1979Moldovan
Chișinău
4.Mihail GHERÅžTOGA
1953Moldovan
Chișinău
5.Ion JURA
1961Moldovan
Colonița
6.Irina MOCAN
1972Moldovan
Chișinău
7.Iurie PILIPENCO
1960Moldovan
Chișinău
8.Irina RĂZEȘU
1964Moldovan
Chișinău
9.Ala SIMINENCO
1960Moldovan
Chișinău
10.Ion SIMINENCO
1953Moldovan
Chișinău
11.Margareta STRUGAC
1955Moldovan
Chișinău
12.Veaceslav SUVALOV
1938Moldovan
Chișinău
13.Valeriu TENTIU
1964Moldovan
Chișinău
14.Anatolie TIGANENCO
1964Moldovan
Chișinău