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Постановление Европейского суда по правам человека от 30.04.2009 "Дело "Гасанова (Gasanova) против Российской Федерации" [рус., англ.]





of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

THE FACTS

The circumstances of the case

4. The applicant was born in 1935 and lives in Mendeleyevo, a town in the Moscow Region.
5. In 1995 the applicant brought a court action against a housing maintenance service. Throughout the proceedings she represented herself. She claimed compensation for damages sustained as a result of poor quality repairs carried out by the respondent in her flat and requested that the works be done again. She also claimed penalties for the delays in the reparation of her flat. In course of the proceedings the applicant amended her claims.

A. First examination of the case

6. On 27 November 1995 the Solnechnogorskiy Town Court of the Moscow Region ("the Town Court") dismissed her claim. On 6 February 1996 the Moscow Regional Court ("the Regional Court") upheld that judgment.

B. Supervisory review and second examination of the case

7. On 28 May 1996 the Presidium of the Regional Court quashed the judgment of 27 November 1995 and remitted the case for a fresh examination to the first-instance court.
8. In the meantime the administration of the Solnechnogorskiy District transferred the municipal housing into the authority of a municipal enterprise, Mendeleyevo Service.
9. On 10 October 1997 the Town Court granted the applicant's claim in part. On 18 February 1998 the Regional Court upheld that judgment.

C. Supervisory review and third examination of the case

10. On 13 January 1999 the Presidium of the Regional Court quashed the judgment of 10 October 1997 and remitted the case for a new examination to the Town Court. It held in particular that the lower courts had failed to establish the proper defendant in the case. It also indicated that in order to decide on the penalties the first-instance court had to establish whether the parties had previously set any deadlines for the repairs.
11. On 5 March 1999 the Town Court set the examination of the case for 9 April 1999. Between April and October 1999 six hearings were scheduled, however they were adjourned mainly because the respondent and the third party failed to appear.
12. On 26 October 1999 the Town Court established that the municipal enterprise Mendeleyevo Service was the proper respondent in the case and ordered it to repair the applicant's flat. It awarded the applicant penalties for the delays in the repair of her flat and compensation for non-pecuniary damage. Furthermore, it held that the respondent had been in bad faith in opposing a correct and quick examination of the case and ordered it to pay the applicant compensation for the lost time.
13. On 2 February 2000 the Regional Court quashed the judgment of 26 October 1999 and remitted the case to the first-instance court for a fresh examination. It found that the Town Court had not indicated in its decision which repairs had to be done in the applicant's flat, it had not followed the Presidium's decision of 13 January 1999 and it had not given reasons for its conclusions as regards the respondent's bad faith in delaying the proceedings.

D. Fourth examination of the case

14. On 3 May 2000 the Town Court set the examination of the case for 29 June 2000. Between June and December 2000 nine hearings were scheduled. Three of them did not take place because the respondent failed to appear, one hearing was postponed because the applicant did not appear and three hearings were adjourned either because the applicant asked for additional time to amend her claims or because the respondent asked for additional time to submit evidence. One hearing



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