I incorrectly predicted that there's no violation of human rights in KATONA v. SLOVAKIA.
Information
- Judgment date: 2010-06-22
- Communication date: 2020-11-27
- Application number(s): 43932/19
- Country: SVK
- Relevant ECHR article(s): 6, 6-1, 13, 14, 17, P1-1
- Conclusion:
Violation of Art. 6-1
Violation of Art. 13 - Result: Violation SEE FINAL JUDGMENT
JURI Prediction
- Probability: 0.546133
- Prediction: No violation
Inconsistent
Legend
Communication text used for prediction
The application concerns legal and practical exclusion from satisfaction in insolvency proceedings or otherwise of the applicant’s claims against an individual for payment of money on the basis of a set of promissory notes.
The claims were adjudicated by a final and binding judgment.
The exclusion has been by operation of law (Article 166 § 1 (a), in conjunction with Article 166b § 1 (c) of the Insolvency and Restructuring Code (Law no.
7/2005, as amended)), combined with the fact that the debtor was declared insolvent “with debt discharge”, in proceedings to which the applicant had not been a party, by way of a decision against which there was no appeal.
The application raises issues under Articles 6 (§ 1) and 13 of the Convention and Article 1 of Protocol No.
1.