CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 mars 2026

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 23 March 2026   FIFTH SECTION Application no. 29938/25 EMOTIVA LEVANTE, S.L. against Spain lodged on 23 September 2025 communicated on 5 March 2026 SUBJECT MATTER OF THE CASE The application concerns the alleged failure to summon the applicant company in the framework of labour proceedings conducted against it. The applicant company was sued by an employee who sought a declaration to the effect that her dismissal had been invalid. On 27 January and 6 February 2023, the Castellon de la Plana Employment Tribunal no. 5 sent so-called certified faxes ( burofaxes ) to summon the applicant company, but allegedly to a wrong address. The notification attempts remained unsuccessful, and all subsequent summonses and decisions were served via public announcement. On 25 September 2023 the Tribunal, after a hearing held in the absence of the applicant company, declared the dismissal unfair. On appeal, on 5 March 2024 the Valencian Community High Court of Justice declared the dismissal null and void. On 19 March 2024 the High Court notified the applicant company of the judgment. The applicant company did not lodge an appeal on points of law with the Supreme Court. On 15 and 25 April 2024, once the judgment of the High Court of Justice was final, the applicant company lodged two actions for annulment of the proceedings that were declared inadmissible on 23 April and 31 July 2024, respectively. On 14 November 2024 the applicant company lodged an amparo appeal with the Constitutional Court that was declared inadmissible because of lack of constitutional significance on 21 May 2025. Relying on Article 6 §   1, the applicant company alleges a violation of its right to a fair trial, as it had not had knowledge of the case until it was notified of the judgment issued on appeal by the Valencian Community High Court of Justice. As a consequence, it could not submit evidence or arguments, either in the first or in the second instance. QUESTION TO THE PARTIES Did the applicant company have effective access to a court and to judicial remedies in accordance with Article 6 § 1 of the Convention having regard to the fact that the decisions rendered during the labour proceedings were allegedly not served on it? The applicant is requested to submit a copy of the appeal ( recurso de reposición ) it lodged on 5 August 2024 and of the decision of 21   October 2024 of the Castellón de la Plana Employment Tribunal no. 5.