Constitutional Court

KI71/17, Applicant: Gabriel Tot, Constitutional review of Judgment GSK-KPA-A-006/15 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Kosovo Property Agency Related Matters, of 3 August 2016

KI71/17, Resolution on Inadmissibility, of 16 May 2018, published on 19 June 2018

Keywords: Individual referral, manifestly ill-founded

The Supreme Court of Kosovo – the Appellate Panel, by Judgment GSK-KPA-A-006/15, rejected the Applicant’s appeal as ungrounded for procedural reasons, upholding Decision KPCC/D/R/239/2014 of the Kosovo Property Claims Commission, of 30 April 2014.

The Applicant in his Referral did not specify what constitutional provision could have been violated. The Applicant complained to the Constitutional Court that as a result of the erroneous determination of factual situation by the regular courts, the request for confirmation of the right of use and return of possession of the apartment has been rejected.

The Court found that the Referral was inadmissible, because the Applicant did not sufficiently substantiate and prove his claim. The Referral was declared inadmissible as manifestly ill-founded.