The courts of Bulgaria had decided that, on a winding-up petition, the question of the company’s insolvency was determined by a decision of the Central Bank of Bulgaria to revoke the company’s banking licence because it was insolvent. It had been held by the Bulgarian Supreme Court that the Central Bank’s decision to that effect was not one which could be reviewed by the courts.
Held: That decision was a breach of article 6(1) because it amounted to a surrender of jurisdiction by the courts which was not justified.
Citations:
49429/99, [2005] ECHR 752, (2007) 44 EHRR 48
Links:
Statutes:
European Convention on Human Rights 6(1)
Cited by:
Cited – Burwell v Director of Public Prosecutions Admn 1-May-2009
The defendant appealed against the decision of the Magistrates to accept a prosecutor’s certificate as to compliance with time limits for commencing the prosecution. He argued that the police had all the evidence in their possession at an earlier . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Company, Insolvency
Updated: 05 July 2022; Ref: scu.239551