Constitutional Review of the Decision of the District Court in Pristina, dated 12 November 2009

Case No. KI 01/10

Applicant: Gani Ibërdemaj

The applicant filed the referral pursuant to Article 113.7 of the Constitution of Kosovo, thereby claiming that his constitutional rights were violated by the judgment of the District Court, which annulled the decision of the Municipal Court on unobstructed enjoyment of property. The applicant claimed that the District Court had violated the rights and freedoms guaranteed by Articles 46 and 54 of the Constitution of Kosovo, The Court found that the referral of applicant was inadmissible, pursuant to the Article 113.7 of the Constitution, in connection with Article 47.2 of the Law, due to the fact that the applicant had not exhausted all legal remedies available by law. The Court argued further by noting that the Applicant had not undertaken steps in resolving his claim as provided with the District Court Judgment. Due to the reasons provided above, the Court decided to find the referral of Applicant as inadmissible.


Gani Ibërdemaj

Type of Referral:

KI – Individual Referral

Type of act:


Legal remedies are not exhausted

Type of procedure followed before other institutions :