CEDH · PRESS;GENERAL;ENG — 20 octobre 2005

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s3CED24E9 { width:27.05pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS   552 20.10.2005   Press release issued by the Registrar   CHAMBER HEARING NOSOV v. RUSSIA   The European Court of Human Rights is holding a Chamber hearing today Thursday 20 October 2005 at 9 a.m., on the admissibility and merits in the case of Nosov v. Russia (application no. 30877/02).   The applicant   Aleksey Valentinovich Nosov is a Russian national aged 41 who lives in Omsk (Russia).   Summary of the facts   In the applicant’s submission, he was the director of the limited liability company Kompanyony.   Kompanyony successfully sued another company, Technopribor, for an outstanding debt and interest before the Commercial Court of the Kabardino-Balkaria Republic, which awarded Kompanyony approximately 125,000   euros   (EUR) on 5 January 1999. As no cassation appeal was lodged within the established time-limit, the judgment became final on 15 May 1999.   On an unspecified date in 1999 Kompanyony went into liquidation, following a judicial decision in unrelated proceedings. The right to claim the judgment debt from Technopribo was assigned to another limited liability company, Pamir-99, of which the applicant also claims to have been the director.   On 31 January 2001 a judge of the Federal Commercial Court of the North-Caucasian Circuit granted Technopribor an extension of the time-limit for the submission of a cassation appeal and a deferral of court fees in connection with the appeal. No grounds were given for those decisions.   On 21 February 2001, as the director of Pamir-99, the applicant filed objections to the procedural orders. However, on 28 February 2001 the Federal Commercial Court, presided over by the same judge, quashed the judgment of 5 January 1999, following which the Commercial Court of the Kabardino-Balkaria Republic discontinued the proceedings and ordered Kompanyony to pay approximately EUR   1,000 in court fees.   On 20 June 2001 Pamir-99 sold the right to claim the debts from Technopribor to the applicant in exchange for an undertaking to pay all expenses incurred by Pamir-99 in the domestic proceedings. The applicant apparently paid 35,000   roubles   (equivalent to EUR   1,406.88) in legal fees under this agreement.   The applicant subsequently complained to the Supreme Commercial Court of the Russian Federation about the procedural orders of 31 January 2001, in that the time-limit had been extended two years after it had expired and the Federal Commercial Court had failed to give any reasons for the extension. On 5 December 2001 a Supreme Commercial Court judge responded that there were no grounds for lodging an application for supervisory review. The applicant’s arguments about the absence of a justification for granting the extension were not addressed.   Complaints   The applicant complains about the re-opening of the proceedings and quashing of a judgment two years after it became final and enforceable. He relies on Article 6 § 1 (right to a fair hearing) and Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights.   Procedure   The application was lodged with the European Court of Human Rights on 28 August 2001.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Peer Lorenzen (Danish), Nina Vajić (Croatian), Snejana Botoucharova (Bulgarian), Anatoli Kovler (Russian), Elisabeth Steiner (Austrian), Khanlar Hajiyev (Azerbaijani), judges , Loukis Loucaides (Cypriot), Françoise Tulkens (Belgian), Dean Spielmann (Luxemburger), substitute judges , and also Søren Nielsen , Section Registrar .   Representatives of the parties   Government :   Pavel Laptev , Representative of the Russian Government before the European Court of Human Rights ,   Yuri Berestnev , Counsel ,   Mikhail Vinogradov , Adviser ;   Applicant :   Andrey Shepelin , Counsel .   The applicant, Alexey Nosov will also attend the hearing.     ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility, followed if appropriate by a judgment, will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54)   Beverley Jacobs (telephone: +00 33 (0)3 90 21 54 21) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.