Published on 2 February 2026
 
FIFTH SECTION
Application no. 42044/21
NIKA-AGROTREYD, TOV
against Ukraine
lodged on 16 August 2021
communicated on 12 January 2026
SUBJECT MATTER OF THE CASE
The case concerns the applicant company’s complaint under Article 6 § 1 of the Convention that it did not have access to a court to challenge the National Bank’s (NBU) decisions of 18 June and 9 September 2019 classifying the applicant company as associated with a private bank. As a result, the applicant company could no longer maintain its loan agreement with the bank and was requested to repay to it a loan of the equivalent of approx. 1,071,000 Euros. On 17 February 2021 the Supreme Court refused to examine the lawfulness of the NBU’s decisions under Article 52 of the Law on Banks and Banking Activities on the grounds that they were not subject to judicial review as they imposed no legal liability on the applicant company.
QUESTION TO THE PARTIES
Did the applicant company have access to a court, as required by Article 6 § 1 of the Convention, to challenge the National Bank’s decisions allegedly restricting its civil rights and obligations (see, for example, Capital Bank AD v. Bulgaria, no. 49429/99, §§ 98-116, ECHR 2005 XII (extracts), and Feldman and Slovyanskyy Bank v. Ukraine, no. 42758/05, §§ 38-46, 21 December 2017)?