Resolution

Constitutional Review of the Decision of the Court of Appeal of Kosovo Ac. No. 3544/12 of 3 May 2013

Case No. KI 127/13

Applicant: Valdet Sutaj

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The Applicant alleges that the Decisions rendered by the Municipal Court in Deçan and the Court of Appeal of Kosovo violated Articles 19 [Applicability of International Law] and 121 [Property] of the Constitution, the provisions of the Law No, 02/L-33 on Foreign Investments, the provisions of the Agreement for the Promotion and Protection of Investments between the Republic of Kosovo and the Swiss Confederation of 27 October 2011, and the provisions of the Law No, 03/L-008 on Execution Procedure, The aforementioned Courts, within the framework of the proposal for the execution procedure, in order to return the debt, owed by the Applicant, decided to handover the ownership of the immovable property of the Applicant to the creditor, Compactherm AG with its seat in Switzerland, The Applicant also requested from the Constitutional Court to impose an interim measure, namely to prohibit the creditor, Compactherm AG from alienating the immovable property of the Applicant, until the completion of the procedure before the Constitutional Court, The Court concluded that the facts presented by the Applicant did not in any way justify the allegation of a violation of the constitutional rights and the Applicant did not sufficiently substantiate his claims, The Court notes that there is no prima facie case for the purpose of imposing interim measures and thus the request for interim measures is manifestly ill-founded

Applicant:

Valdet Sutaj

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil