Ponomarev and Sosina v. Russia

THIRD SECTION

Application nos. 35018/12 and 14316/14

Vladimir Nikolayevich PONOMAREV against Russia

and Irina Petrovna SOSINA against Russia

The European Court of Human Rights (Third Section), sitting on 9 November 2017 as a Committee composed of:

Luis López Guerra, President, Dmitry Dedov, Jolien Schukking, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants and the relevant details of the applications are set out in the appended table.

The applicants’ complaints under Article 6 § 1 of the Convention concerning their absence from civil proceedings were communicated to the Russian Government (“the Government”).

THE LAW

A. Joinder of the applications

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

B. Complaints under Article 6 § 1 of the Convention

In the present applications, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the applicants’ absence from civil proceedings in their cases. The Government in both these cases provided proof, which the applicants failed to refute, that they had been properly notified about the hearings in their respective cases.

Turning to the circumstances of the present case, the Court notes that the applicants were duly informed of the time of the hearing and the court in which it would be held. The summons contained sufficient information about the date and hour of the hearing (see Teuschler v. Germany (dec.), no. 47636/99, 4 October 2001, and Godlevskiy v. Russia (dec.), no. 14888/03, 9 December 2004).

In view of the above, the Court finds that these applications are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 30 November 2017.

Liv Tigerstedt Luis López Guerra Acting Deputy Registrar President

APPENDIX

No.

Application no.

Date of introduction

Applicant name

Date of birth

Nature of the dispute

First-instance hearing date

Court

Appeal hearing date

Court

35018/12

15/05/2012

Vladimir Nikolayevich Ponomarev

19/02/1948

filial payments dispute

19/12/2011

Justice of the Peace no. 29 in Zheleznogorsk

of the Krasnoyarsk Region

16/04/2012

Zheleznogorsk Town Court of the Krasnoyarsk region

14316/14

28/01/2014

Irina Petrovna

Sosina

24/10/1964

inheritance / housing dispute

12/09/2012

Hostinskiy District Court of the Krasnodar Region

27/11/2012

Krasnodar Regional Court