Published on 8 January 2024

FIFTH SECTION

Application no. 10259/23 LTD PSP PHARMA and LTD MANDARINI against Georgia lodged on 20 February 2023 communicated on 7 December 2023

SUBJECT MATTER OF THE CASE

The application concerns the applicant companies’ ongoing inability to have final judicial decisions regarding their property rights enforced.

The first set of proceedings (enforcement writ issued on 26 February 2018) resulted in the nullity of the municipal authorities’ decision to implement certain works on the land owned by the applicants. The authorities were ordered to remove the constructions and restore the land to its original state. The second set of proceedings (enforcement writs issued on 29 March 2017 and 24 December 2018) resulted in the domestic courts’ order that the authorities define the terms for the use of land owned by the applicants.

The applicants relied on Article 6 § 1 and Article 13 of the Convention and Article 1 of Protocol No. 1.

QUESTIONS TO THE PARTIES

1. Has there been a breach of Article 6 § 1 of the Convention and/or Article 1 of Protocol No. 1 on account of the applicants’ continued inability to have enforced the final, binding decisions in their favour?

2. Did the applicants have at their disposal effective domestic remedies for their complaints, as required by Article 13 of the Convention?