Constitutional Court

KI29/19, Applicant: Blerim Ademi, Constitutional review of actions of the Kosovo Energy Distribution Service (KEDS) 

KI29/19, Resolution on Inadmissibility, adopted on 6 November 2019, published on 24 December 2019 

Keywords: individual referral, civil procedure, inadmissible referral, non-exhaustion of legal remedies.

The Applicant alleged that the Respondent had transferred the electricity meter from the respective place in the house to another meter on an electrical pole which incorrectly recorded the electricity costs.

In this respect, the Court notes that the Applicant had in parallel submitted a civil claim to the Basic Court against KEDS in relation to this case. The Court also noted that the Applicant did not do everything that could reasonably be expected of him in relation to the exhaustion of legal remedies.

Consequently, the Court found that the Referral must be declared inadmissible on constitutional grounds due to the failure of exhaustion of all legal remedies, in accordance with Article 113.7 of the Constitution, Article 47 of the Law and Rule 39 (1) (b) of the Rules of Procedure.