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





was postponed in order to call an expert to trial.
15. On 19 December 2000 the Town Court held that since the maintenance service no longer existed it was impossible for it to repair the applicant's flat. Therefore, it awarded the applicant the money necessary for such repairs and compensation for non-pecuniary damage. It also ordered the respondent to replace some equipment in the applicant's flat. It further established that the parties had not concluded any written contract in respect of the repairs in the flat and had not set any time-limits; therefore there was no call to award the applicant any penalties in that respect. On the same date the Town Court decided to examine the applicant's claim for payment of penalties for the delayed replacement of sanitary equipment and for compensation for loss of time in separate proceedings.
16. On 18 April 2001 the Regional Court quashed the judgment of 19 December 2000 and referred the case to the first-instance court for a new examination on the ground that the first-instance court had failed to follow its decision of 2 February 2000.

E. Fifth examination of the case

17. On 6 August 2001 the case was adjourned until 26 September 2001 because the parties failed to appear.
18. According to the Government, on 26 September 2001 the proceedings were discontinued at the applicant's request, however on 16 January 2002 the Presidium of the Regional Court quashed that decision in supervisory review on the prosecutor's application. The Government did not provide the Court with copies of those decisions.
19. On 15 February 2002 the Town Court set the examination of the case for 13 March 2002. On that date the case was adjourned until 11 April 2002 because the parties failed to appear.
20. On 11 April 2002 the Town Court left the applicant's claim unexamined on the ground that she had failed to appear at two hearings.
21. On 16 January 2003 the applicant requested the Town Court to reinstate the time-limit for lodging an appeal against the decision of 11 April 2002. In her appeal she claimed that she had failed to appear at two hearings because she had not been duly notified of them and that she had not received a copy of the decision of 11 April 2002. On 21 January 2003 the Town Court granted her appeal, quashed the decision of 11 April 2002 and scheduled the examination of the case for 12 March 2003. On that date the case was again adjourned because the parties failed to appear.
22. On 29 May 2003 the case was adjourned until 23 July 2003 because the judge was on sick leave. On that date the applicant amended her claims. She submitted that since the examination of the case was very lengthy, she had repaired her flat at her own expense and she requested the court to reimburse her those expenses. On the same date the case was adjourned until 25 August 2003. The next three hearings were adjourned either because the respondent company did not appear or because it asked for additional time to submit evidence and comments on the applicant's claims.
23. On 24 November 2003 the Town Court ordered the municipal enterprise Mendeleyevo Service to reimburse the applicant for the repair expenses and pay her non-pecuniary damage sustained as a result of poor-quality repair works. Furthermore, it ordered the defendant to replace the sanitary installations in the applicant's flat. It dismissed the remainder of the applicant's claims.
24. On 16 March 2004 the Regional Court upheld the judgment of 24 November 2003.

THE LAW

I. Alleged violation of Article 6 § 1 of the Convention
in respect of the length of the proceedings

25. The applicant complained that the length of the proceedings in her case had been incompatible with the "reasonable time" requirement, laid d



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