Constitutional Court

KI 168/20, Applicant: Pashk Spaqi, Constitutional review of Decision Ac.no.5997/ 2019 of the Court of Appeals of Kosovo, of 8 June 2020

KI168/20, resolution on inadmissibility of 21 July 2021, published on 17 August 2021

Keywords: individual referral, manifestly ill founded

The Court finds that the essence of the dispute relates to the issue of collection of debt for the consumed potable water in the amount of 3,744.44 Euros, which was allegedly created by the Applicant for the time period from 1 January 2006 to 1 February 2015.

In this regard, on 18 February 2016, the creditor KRU „Radoniqi“J.S.C. from Gjakova, submitted a proposal to the private enforcement agent against the Applicant, whereby it sought the collection of the debt in the amount of 3,744.44 euros, which was created as a result of the consumption of potable water, for the time period from 1 January 2006 to 1 February 2015.

The private enforcement agent froze the Applicant’s accounts. The Applicant submitted an objection to the Basic Court against the decision of the enforcement agent, which was rejected by the court. Also, the Court of Appeals rejected the Applicant’s appeal filed against the decision of the Basic Court.

Consequently, the Applicant in the Referral alleged that Article 31 of the Constitution in conjunction with Article 6 of the ECHR was violated on the grounds that he did not have the passive legitimacy of a party to the proceedings, and that the debt to be collected had prescribed.

Having analysed the Applicant’s allegations in the context of the case file, the Court concluded that the Applicant’s allegations were unfounded.

Consequently, the Court declared the Applicant’s Referral inadmissible pursuant to Rule 39 (2) of the Rules of Procedure.