CASE OF KOKA HYBRO KOMERC DOO BROYLER v. SERBIA
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)
Branko Lubarda;Dmitry Dedov;Luis López Guerra
5. On 26 June 2006 the Leskovac Commercial Court ordered AD Perper-Agrar, a socially-owned company based in Bošnjace (hereinafter “the debtor”) to pay the applicant specified amounts on account of damages. That judgment became final on 14 July 2006. 6. On 31 October 2006, upon the applicant’s request to that effect, the Leskovac Commercial Court ordered the enforcement of the said judgment and further ordered the debtor to pay the applicant the enforcement costs. 7. On 27 May 2011 the Leskovac Commercial Court opened insolvency proceedings in respect of the debtor. 8. The applicant duly submitted his claim. 9. On 3 February 2012 the applicant’s claim was formally recognised. 10. The insolvency proceedings are still ongoing. 11. On 22 April 2003, the debtor had been privatised and changed its name to AD Perper-Agrar. 12. On 5 May 2005 the privatisation contract had been annulled and on 8 September 2006 the debtor’s name was changed to Agrar Fruit. 13. According to the Serbian Ministry of Economy, the debtor is still a company predominantly comprised of socially-owned capital (see http://www.priv.rs/Ministarstvo-privrede/90/AGRAR-FRUIT--u-stecaju.shtml/companyid=1238, accessed on 6 December 2016). 14. In their additional observations of 19 April 2016 the Government informed the Court that the applicant had transferred its judgment claims to a third person on 28 October 2015. 15. On 9 November 2016, as a response to the Government’s additional observations, the applicant submitted that the contract regarding the transfer of the claims in question had been terminated by 11 December 2015.