In the Court’s view the Supreme Court had interpreted the relevant procedural rules on the value of the subject matter in an excessively formalistic manner thus placing the burden of the lower courts’

In substance, the court considered that the respondent State had immunity provided for by international law, and therefore could not be subjected to the jurisdiction of another State’s court.

The relevant part of that decision reads as follows: “Section 26(1) of the Associations Act suggests that legal protection by way of civil action in the county court could be sought only if the General

    As regards the failure of the applicant to initiate civil proceedings for damages, the Court has already held that this remedy could not be deemed effective within the meaning of its established

to Rule 54 § 3 of the Rules of Court.

    The applicants complained that the rejection of their constitutional appeals because the Constitutional Court could not reach a majority denied them access to court contrary to Article 6

    On 7 July 2009 the applicant lodged an application for the enforcement of the above court decision with the Šabac Municipal Court. 11.

Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Access to court)

duly addressed by the competent courts.

Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Access to court)

before the court. 33.

The defendant’s representative objects to such an interpretation of the value of the dispute, arguing that [it] could only have been established after the expert valuation had been obtained from the court

The Court cannot imagine in what way the aim of reinforcing a subjective and partial interpretation, favourable to a State’s entity as party to the proceedings, could amount to justification for legislative

In their view, the applicant could either have initiated separate reinstatement proceedings or challenged with a revision request (extraordinary appeal) the final judgments of the courts in the proceedings

Town Court for the transfer to a different court for a fresh examination.

Moreover, after remedying the issue mentioned by the court, the applicants could lodge a new court action and ask for an extension of the 30-day time-limit for doing so. 26 .

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Access to court)

before a court in court supervisory proceedings.

for introducing such an application with the Constitutional Court and, in particular, that he would be expected to explain why he could not have done so earlier. 30.