4.  The applicant company is registered in Dnipropetrovs’k. 5.  On 22 August 2001 the applicant company lodged a claim with the Dnipropetrovs’k Regional Commercial Court against the Commercial Bank P. (“the Bank”) seeking compensation for damages because of the latter’s failure to withdraw a sum of money from the account of a third party, S., in the framework of enforcement proceedings against S. 6.  By decision of 13 September 2001, the court found against the applicant company. On 6 November 2001 the Dnipropetrovs’k Regional Commercial Court of Appeal dismissed an appeal lodged by the applicant company and upheld the decision of the first-instance court. 7.  By decision of 18 February 2002, the Higher Commercial Court, on the applicant company’s appeal, quashed the decisions of the lower courts and found for the applicant company. 8.  On 4 June 2002 the Supreme Court of Ukraine, upon appeal by the Bank, quashed the resolution of the Higher Commercial Court on the ground that that court’s findings had been unfounded and erroneous, and upheld the decisions of the first-instance and the appellate courts.