Constitutional Court

The applicant filed a referral pursuant to Article 113.7 of the Constitution of Kosovo asserting that their individual rights and freedoms guaranteed by the Constitution and the ECHR was infringed by the decision of the Appellate Panel of Special Chamber of the Supreme Court of Kosovo ASC-09-0106 of 7 October 2011, which rejected PAK’s complaint as unfounded and upheld the judgment of the Trial Panel of 22 October 2009 (Judgment ASC-08-0056). The Appellate Panel ruled that “Due to the fact that Claimant of the case in question was not the party of the previous legal process and since the company did not have regular chances to present evidence which support its stance and use ordinary remedies which are in disposal of the party in procedure, from these procedural cases in total should be drawn the conclusion that the previous judgment cannot prevent the claim review of the Claimant ENG Office.” Further, the Applicants requested the Court to impose interim measures.
The Court held that the Referral was inadmissible because the Applicant have failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness. Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1.c) of the Rules of Procedure. Furthermore, as to the Applicants question of the legal status of PAK, the Court held that it has already decided on the legal status of PAK in its Judgment in Case No. KI. 25/10. Therefore, this will not be dealt with in the present case, pursuant to Rule 36 (3) (e) of the Rules which provides: “A Referral may also be deemed inadmissible in any of the following cases: the Court has already issued a Decision on the matter concerned and the Referral does not provide sufficient grounds for a new Decision”. Furthermore, as to the request for interim measure the Court held that taking into account that the Referral was found inadmissible, the Applicants are not entitled under Rule 54 (1) of the Rules of Procedure to request interim measures.