Supreme Court refusal to examine appeals. Infringement of court access.
Sultan v. Republic of Moldova 06.06.2018 (no. 17047/07)
Dismissal of appeal as unfounded. Refusal to examine an appeal by the Supreme Court. Infringement of Article 6 because the refusal of the Supreme Court to examine the applicant’s appeal had infringed his right of access to a court
The applicant, Alexei Sultan, is a Moldovan national who was born in 1960 and lives in Holercani (the Republic of Moldova).
The case concerned the refusal of the Supreme Court of Justice to examine his appeal.
Mr Sultan brought a civil action for damages against the Holercani mayor’s office and the local council, seeking payment of his unpaid salary, together with compensation and reimbursement of his court costs.
The Dubăsari District Court dismissed the applicant’s action as unfounded. Mr Sultan appealed to the Chișinău Court of Appeal, which dismissed his appeal on the same grounds. He lodged a further appeal with the Supreme Court of Justice, which rejected the appeal without examining it and informed Mr Sultan that the Court of Appeal’s decision had become final at the time of its delivery, in accordance with Article 421 of the Code of Civil Procedure.
Relying in particular on Article 6 (right of access to court) of the European Convention, the applicant alleged that the refusal of the Supreme Court of Justice to examine his appeal had breached his right to a court.
THE DECISION OF THE COURT
Violation of Article 6 § 1
Just satisfaction: EUR 1,500 (non-pecuniary damage) and EUR 1,000 (costs and expenses)(echrcaselaw.com editing).