CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 août 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .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 } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 16 September 2024   THIRD SECTION Application no. 56514/21 Klodian RJEPAJ against Albania lodged on 16 November 2021 communicated on 30 August 2024 SUBJECT MATTER OF THE CASE The application concerns issues under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention related to the non-enforcement of the Tirana District Court’s judgment of 4 December 2013, awarding the applicant compensation by the Albanian Insurance Bureau, for damages suffered as a result of a car accident. QUESTIONS TO THE PARTIES 1.     Has the applicant exhausted all available domestic remedies in respect of his complaint under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention about the alleged non-enforcement of the decision (compare Smagilov v. Russia   (dec.), no.   24324/05, §§ 41-52, 13   November 2014)? In particular, was the applicant required to file an action under Article 399/1 et seq. of the Code of Civil Procedure for securing the enforcement of the judgments and/or for claiming compensation in respect of any pecuniary or non-pecuniary damage caused by the delays in enforcing those judgments (see   Bara and Kola v.   Albania , nos.   43391/18 and 17766/19, § 119, 12   October 2021)? The parties are asked to provide examples of the relevant case ‑ law of domestic courts. 2.     Without prejudice to Question 1, has there been a violation of Article 6 § 1 of the Convention because the judgment awarding compensation to the applicant has not been enforced (see Burdov v.   Russia (no. 2) , no.   33509/04, § 66, ECHR 2009, and Sharxhi and others v.   Albania, no.10613/16, § 92, 11 January 2018)? 3.     Has there been a violation of the applicant’s right to peaceful enjoyment of his possession because of the non-enforcement of the judgment in his favour, contrary to the requirements of Article 1 of Protocol No. 1 to the Convention (see   Fuklev v. Ukraine , no.   71186/01, §§ 90-91, 7 June 2005, and   Bushati and Others v. Albania, no.   6397/04, §§ 92-94, 8 December 2009)?