ROLA v. SLOVENIA - 12096/14 (Judgment : Remainder inadmissible : Fourth Section)

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

Jon Fridrik Kjølbro, President, Paulo Pinto de Albuquerque, Egidijus Kūris, Iulia Antoanella Motoc, Carlo Ranzoni, Georges Ravarani, Marko Bošnjak, judges, and Marialena Tsirli , Section Registrar ,

. On 3 June 2010 the Maribor Local Court found the applicant guilty , pursuant to the (old) Criminal Code (see paragraph 34 below), of two counts of violent behaviour , which had been committed in the period s between 1 May and 29 June 2003 , and between 1 July 2003 and 22 November 2004, respectively. The applicant was given a suspended prison sentence. The judgment became final on 17 June 2011.

. On 9 April 2004 the applicant was granted a licence to work as a liquidator in insolvency proceedings under the Compulsory Composition, Bankruptcy and Liquidation Act (hereinafter "the Bankruptcy Act") then in force . His name was entered in the Register of Liquidators maintained by the Ministry of Justice. At the time of his appointment the Bankruptcy Act regulated the conditions under which such a licence could be granted and revoked (see paragraph 28 below).

. On 7 November 2012 the Administrative Court dismissed the applicant ' s action , finding that the revocation of his licence had been entirely lawful. As regard s the applicant ' s assertion that the measure should not have been applied retroactively, it found that the time when the offence had been committed was not to be considered relevant since the measure in question pertained to the final conviction, thereby respecting the presumption of innocence.