Constitutional Court

KI 142/19, Applicant Ge Group l.l.c., Constitutional review of Judgment E. Rev. No. 9/2019 of the Supreme Court of Kosovo of 23 May 2019 

KI 142/19, Resolution on Inadmissibility of 5 February 2020, published on 10 March 2020.

Keywords: individual referral, statutory limitation of claim, prohibition of discrimination, fair and impartial trial, inadmissible referral

The Applicant alleges that the decisions of the Court of Appeals and of the Supreme Court were rendered in violation of Articles 24, 31 and 54 of the Constitution in conjunction with Article 6 of the ECHR, because the courts have incorrectly interpreted and applied the legal provisions regarding the statute of limitation of its claim. The Applicant also alleged that it was discriminated against in relation to the opposing party in the course of the civil proceedings.

The Court noted that the regular courts have explained what legal provisions should be interpreted and applied in resolving the Applicant’s case, what is the legal relationship between the litigants, what is the contract in the legal relationship between the litigants and how the Applicant’s statement of claim became statute-barred.

With regard to the allegation of discrimination, the Court found that the Applicant failed to prove that it was treated differently in relation to other persons in similar or comparable situations, as required by Article 24 of the Constitution in conjunction with Article 14 of the ECHR.

Finally, the Court concluded that the Referral is manifestly ill-founded on constitutional basis, and is to be declared inadmissible, in accordance with Article 113.7 of the Constitution, Articles 20 and 47 of the Law and Rule 39 (2) of the Rules of Procedure.