Α manifestly absurd judgment violates the fair trial

JUDGMENT 

Tripcovici v. Montenegro 7.11.2017 (no. 80104/13)

see here 

SUMMARY 

Legal action on the first business day after holidays. The lawsuit was dismissed as out of time because the last day of its exercise expired on the day of public holidays and the National Supreme Court had to be exercised on the last working day before the expiry of the time limit. The ECtHR found that the National ODR provided that the time limit for bringing the action should be extended if the last day of the period is a public holiday.

The Court considered that there had been a violation of the fair trial and the right to be heard (Article 6 § 1), because it was manifestly illogical to dismiss the applicants’ claim as overdue.

PROVISION

Article 6 § 1

PRINCIPAL FACTS 

The applicants, Dan Laurentiu Tripcovici and his mother, Armenuhi Tripcovici (now deceased), are
both dual Romanian and Italian nationals. They were born in 1949 and 1923 respectively and
live/lived in Bucharest. The case concerned their complaint about a judgment by the domestic courts
rejecting their claim for trespass.

The mother and son were co-owners of two plots of land in Montenegro. In February 2009, their
neighbour built a metal fence which went over their property, making access impossible from one
plot of land to the other. In June 2011, they won the case they had brought to court for trespass, and
their neighbour was ordered to remove the fence and pay their legal costs. In December 2011
however the High Court, ruling on an appeal lodged by the neighbour, overturned the previous
judgment because their claim had been submitted two days out of time. In particular they had
submitted their claim on the first day back of the courts sitting following a two-day bank holiday.
Relying in particular on Article 6 § 1 (right to a fair hearing), they complained that the decision to
reject their claim had been unfair because it had not explained why the rule under domestic law,
providing that the time-limit for filing a civil claim had expired on the first working day after a
national holiday, had not applied in their case.

THE DECISION OF THE COURT 

Violation of Article 6 § 1

Just satisfaction: The applicants did not submit their claim for just satisfaction within the time-limit
set by the Court. The Court rejected it(echrcaselaw.com editing).


ECHRCaseLaw
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