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19. By a judgment of 16 November 2004, the Kuybyshevskiy District Court dismissed the applicant company's claim. On 16 February 2005 the Rostov Regional Court quashed the judgment of 16 November 2004 on appeal and remitted the matter to the first-instance court for fresh examination.
B. Second round of court proceedings
20. The Kuybyshevskiy District Court listed the first hearing for 18 May 2005. Of three hearings fixed between 18 May and 28 June 2005, two were adjourned because the defendants failed to attend and one was adjourned at the defendants' request.
21. On 28 June 2005, at the plaintiffs' request, the District Court ordered an expert examination and stayed the proceedings.
22. The proceedings were later resumed and, by a judgment of 15 December 2005, the Kyubyshevskiy District Court allowed the applicant company's action in part. The judgment of 15 December 2005 was upheld on appeal by the Rostov Regional Court on 8 February 2006.
II. Relevant domestic law
23. The Code of Civil Procedure of the Russian Federation, which has been in force since 1 February 2003, provides as follows:
Article 113. Court notices and summons
"1. The parties to the proceedings, as well as witnesses, experts, specialists and interpreters, shall be summoned to a hearing by a letter sent by registered mail with an acknowledgment of receipt, by court summons with an acknowledgment of receipt, by telegram, by phone or fax or by any other means which can guarantee a record of the fact that the summons was sent and was received by the party...
3. Summons shall be served on the parties in such a way that they have enough time to prepare their case and appear at the hearing."
Article 222. Ground for leaving the case without consideration on merits
"A court shall leave a case without examination on the merits if the parties to the proceedings have failed to attend at least two scheduled hearings."
Article 223. Procedure and consequences of leaving the case without consideration on merits
"1. Where a case is left without examination on the merits, the proceedings shall be discontinued by a decision of the court...
3. The court shall revoke its decision if the party concerned adduced evidence disclosing a valid excuse for not attending the hearing(s)."
THE LAW
I. Alleged violation of Article 6 § 1 of the Convention
24. The applicant company complained that the length of the proceedings had been incompatible with the "reasonable time" requirement laid down in Article 6 § 1 of the Convention, which reads as follows:
"In the determination of his civil rights and obligations..., everyone is entitled to a... hearing within a reasonable time by [a]... tribunal..."
25. The Government contested that argument.
A. Admissibility
26. The Government submitted that the applicant company had not exhausted the following domestic remedies which had been available to it in respect of the excessive length of court proceedings: (1) a complaint to the Qualification of Judges Board of the Rostov Regional Court; (2) an appeal against the District Court's decisions to adjourn hearings and the decisions to carry out the expert examinations, which could have been lodged in accordance with the Code of Civil Procedure; (3) an application to the judge to replace the experts, if the applicant company had considered the expert examinations to have taken an unreasonably long time; and (4) a complaint to the competent court that the judgment had not been executed.
27. The Court notes that the Government did not indicate whether and, if so, how the applicant company could obtain relief - either preventive or compensatory - by having reco
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