CASE OF KEŠELJ AND OTHERS v. MONTENEGRO
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Jon Fridrik Kjølbro;Ledi Bianku;Nebojša Vučinić
4. On 28 February 1996 the applicants and the debtor (JSP “Tara” Cetinje) reached a court approved settlement before the Cetinje Municipal Court, whereby the debtor undertook to pay the applicants specified amounts in respect of pecuniary and non-pecuniary damage. 5. The settlement became final on the same date. 6. The debtor ultimately paid part of the amounts determined in the settlement. 7. On 26 May 1997 the Podgorica Commercial Court opened insolvency proceedings against the debtor. 8. On 19 August 1997 the applicants submitted their respective claims based on the settlement. 9. In the course of the insolvency proceedings the Podgorica Commercial Court acknowledged the applicants’ claims. 10. On 23 December 2009 the Podgorica Commercial Court terminated (zaključio) the insolvency proceedings against the debtor, but continued the proceedings against the debtor’s estate. This decision was upheld by the Appellate Court on 9 April 2010. 11. The proceedings are still pending. 12. On 14 October 2010 the Constitutional Court dismissed the applicants’ constitutional appeal on procedural grounds. 13. The court settlement in question remains partly unenforced to the present day. 14. It transpires from the case file that at the time the court settlement was concluded and became final (see paragraphs 4 and 5 above) the debtor was a company predominantly comprised of Statecontrolled capital. The Government neither contested this nor provided any evidence to the contrary.