February 2001. They considered that the applicant had abused her right of petition because she had not informed the Court that the judgment in question had already been enforced. They claimed that her application should be struck out of the list of cases.
46. The applicant disagreed. She pointed out that, contrary to the Government's submission, the execution of the judgment could not have started in October 2000, that is, two months before that very judicial decision had been issued. In any event, the Government had failed to substantiate their argument with any evidence of an actual payment made to her pursuant to the judgment.
47. The Court reiterates that, except in extraordinary cases, an application may only be rejected as abusive if it is knowingly based on factual errors (see Akdivar and Others v. Turkey, 16 September 1996, §§ 53 - 54, Reports of Judgments and Decisions 1996-IV,; I.S. v. Bulgaria (dec.), No. 32438/96, 6 April 2000; and Varbanov v. Bulgaria, No. 31365/96, § 36, ECHR 2000-X). It notes that the parties did not submit any documents, such as bank documents, confirming that the applicant had actually received the money transfers referred to by the Government or that these payments had indeed been made pursuant to the judgment of 7 December 2000. In the absence of any documentary evidence of the payments, the Court is unable to conclude that the applicant's submissions are knowingly based on factual errors. The objection must accordingly be dismissed.
2. Compatibility ratione personae
(responsibility of the State)
a. The parties' submissions
48. The Government submitted that the State could not be held liable for the continued non-enforcement of the judgments. Firstly, the company was not a State body. Furthermore, in accordance with Articles 113 and 114 of the Civil Code, the debtor company, a municipal unitary enterprise, was a separate legal entity having the right of economic control over the property allocated to it. Even though the company had been founded by a decision of the local authorities and could not, in accordance with Article 295 of the Civil Code, conduct any transaction leading to encumbrance or alienation of the real estate, it enjoyed sufficient independence in the wide range of its activities. With reference to Article 114 § 7 of the Civil Code, the Government argued that the State was not answerable for the company's debts.
49. Furthermore, in Russian law the owner could be held liable for unpaid debts of a municipal unitary enterprise only where the owner had caused the enterprise's insolvency. The Government argued that this was not the case. The authorities ordered the company to be liquidated, because it had become unprofitable. The Town Council had transferred the company's property to MUP Teploenergiya, a municipal unitary enterprise, in order to ensure the continued heating supply of the town. The company's assets were withdrawn from circulation and their transfer to a different company by the authorities' decision was justified by a vital public interest. As regards the manner of the transfer, the criminal proceedings against the authorities had been discontinued. Therefore, the transfer of the company's asset was lawful, and it could not be said that the owner caused the company's insolvency.
50. Finally, they submitted that, by contrast with the case of Mykhaylenky and Others v. Ukraine (Nos. 35091/02, 35196/02, 35201/02, 35204/02, 35945/02, 35949/02, 35953/02, 36800/02, 38296/02 and 42814/02, § 46, ECHR 2004-XII), the company enjoyed sufficient institutional and operational independence from the State to absolve the State from responsibility under the Convention for its acts and omissions. Indeed, there was nothing in the present case to suggest that the State either was a principal debtor of the company or that its control ex
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