Constitutional Court

The applicant, the Municipality of Podujeva, filed a Referral pursuant to Article 113,7 of the Constitution of Kosovo challenging the Supreme Court Judgment, Rev, no, 50/2011, of 22 November 2012, as being taken in violation of its rights guaranteed by Article 46 [Protection of Property] of the Constitution and Article 1 of Protocol 1 [Protection of Property] of ECHR, because “pursuant to […] Ruling no, 04-466-765/3 of 28 July 1980 the property was expropriated and the claimants’ predecessor was compensated, and the same Ruling became final on 22,12,1982 and the Cultural Centre was constructed in the abovementioned property,” Furthermore, the Applicant requested the Court to impose interim measure stopping the execution of the Supreme Court Judgment, On the issue of the admissibility of the Referral, the Court held, that the Referral was inadmissible because the Applicant failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness, Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1,c) of the Rules of Procedure, Furthermore, as to the request for interim measures, the Court held, that taking into account that the Referral was found inadmissible, the Applicant is not entitled under Rule 54 (1) of the Rules of Procedure to request interim measures