CASE OF GRAFESCOLO S.R.L. v. THE REPUBLIC OF MOLDOVA
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing)
Alvina Gyulumyan;Ján Šikuta;Johannes Silvis;Josep Casadevall
5. The applicant is a company incorporated in Moldova. 6. On 13 February 2003 the Vadul lui Voda local council adopted a decision concerning the sale of a plot of land with a greenhouse on it to the applicant company. Subsequently, in March 2003, a contract was entered into for that purpose between the local council and the applicant company. 7. On 15 June 2006 the local council adopted a decision revoking its previous decision. The applicant initiated proceedings against the local council. 8. On 25 December 2006 the Vadul lui Voda local council introduced a counter action seeking the termination of the contract of sale between it and the applicant company on the grounds that the price asked for the property had been too low and that the land had been sold unlawfully owing to its proximity to a river. The applicant company opposed this action and argued, inter alia, that it was time-barred under the provisions of the Civil Code in force at the time the contract was entered into. 9. On 13 April 2007 the Ciocana District Court rejected the applicant’s action but accepted that of the local council and declared the contract of sale null and void. The court held that the rules governing time limitation contained in the new Civil Code should apply. The court expressed of its own motion the opinion that the local council’s action had concerned the declaration of the absolute nullity of the contract of sale and that therefore, in accordance with the provisions of Article 217 of the new Civil Code, it could not be time-barred. The applicant appealed. 10. On 5 September 2007 the Chişinău Court of Appeal upheld the appeal lodged by the applicant company and quashed the judgment of the first-instance court. It upheld the applicant company’s action and dismissed the counter action lodged by the local council. The local council lodged an appeal on points of law. 11. On 16 January 2008 the Supreme Court of Justice upheld the appeal on points of law lodged by the local council. It quashed the judgment of the Court of Appeal and upheld the judgment of the Ciocana District Court of 13 April 2007. The Supreme Court did not state any position in respect of the applicant company’s initial defence concerning the statute of limitations. Only the representative of the local council was present at the Supreme Court hearing. The judgment of the Supreme Court was final.