Constitutional Court

KI69/18 Applicant: N.T.SH „Dilloni Benz“, constitutional review of Decision PN – II – 10/2017 of the Supreme Court of Kosovo of 13 October 2017

KI69/18, Resolution on inadmissibility of 25 September 2019, published on 22 October 2019

Keywords: individual referral, legal entities, constitutional review of the challenged decision of the Supreme Court, out of time

The Referral is based on Articles 21.4 and 113.7 of the Constitution, Article 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 32 of the Rules of Procedure of the Constitutional Court.

On 18 July 2016, the Market Inspectorate of the Ministry of Trade and Industry (hereinafter: Competent Inspection Service) carried out an analysis of the oil products offered at the Applicant’s premises. After analysis of the samples, it was found that the oil products on offer did not meet the prescribed standards.

On 20 March 2017, the Department for Minor Offences of the Basic Court in Prishtina rendered Judgment No. reg. 47453/16, declaring the Applicant liable for an offense regarding the irregular quality of the oil products on offer and was accordingly fined.

After this, upon Applicant’s appeal, this case went through all the appeal proceedings, completed by Decision PN – II – 10/2017 of the Supreme Court of Kosovo of 13 October 2017, which was served on the Applicant on 23 October 2017.

The Court notes that the challenged decision (Decision PN-II-10/2017) of the Supreme Court was served on the Applicant on 23 October 2017, while the constitutional referral was submitted on 11 May 2018.

In this regard, the Court notes that the constitutional referral was filed out of the legal deadline of 4 (four) months, which is prescribed in Article 49 of the Law and further established in Rule 39 (1) (c) of the Rules of Procedure. Therefore, the Court finds that the Applicant’s Referral is inadmissible, because it is out of time.