CASE OF SAMAROV v. RUSSIA
Violation of Article 6 - Right to a fair trial (Article 6 - Civil 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)
Erik Møse;Julia Laffranque;Khanlar Hajiyev
4. The applicant was born in 1957 and lives in Penza. 5. The applicant sued the Penza town administration and the Penza committee for municipal property management (“the property management committee”), seeking to obtain free of charge the title to a plot of land under the office building he owned. 6. On 16 November 2005 the Leninskiy District Court of Penza (“the District Court”) held for the applicant and ordered the town administration to establish his title to the land at issue. The judgment was not appealed against and became final within the statutory ten-day time-limit. 7. On 7 March 2006 the Penza town administration lodged an application for supervisory review. 8. On 19 June 2006 the Presidium of the Penza Regional Court quashed the judgment of 16 November 2005, considering that the District Court had incorrectly established the facts of the case and erroneously applied the domestic material law. It consequently remitted the case to the District Court for consideration anew. 9. On 10 August 2006 the District Court dismissed the applicant’s claim in full. The applicant did not appeal and the judgment became final within the statutory ten-day time-limit.