KONSALTINGOVYY TSENTR AYKO-SERVIS, TOV v. UKRAINE

2025-01-16T00:00:00
Published on 3 February 2025   FIFTH SECTION Application no. 15207/18 KONSALTINGOVYY TSENTR AYKO-SERVIS, TOV against Ukraine lodged on 12 March 2018 communicated on 16 January 2025 SUBJECT MATTER OF THE CASE The application concerns the allegedly excessive length of the insolvency proceedings against State-owned company K. in which the applicant company was a creditor. On 27 March 2007, in the course of the insolvency proceedings, the Odesa Regional Commercial Court recognised the applicant company’s claim of an amount of 150,501.45 Ukrainian hryvnias (an equivalent of approximately 22,400 euros at the material time). Since then, court hearings were adjourned on multiple occasions, and at the time of the introduction of the application, the insolvency proceedings were still ongoing. Relying on Articles 6 § 1 and 13 of the Convention, the applicant company complains about the excessive length of the insolvency proceedings. QUESTIONS TO THE PARTIES 1.  Was the length of the insolvency proceedings in the present case in breach of the “reasonable time” requirement as guaranteed by Article 6 § 1 of the Convention?   2. Did the applicant company have at its disposal an effective domestic remedy for its complaint under Article 6 § 1, as required by Article 13 of the Convention?   The parties are invited to provide the Court with the information concerning the current state of the insolvency proceedings.