GANKIN v. RUSSIA - 2430/06 (Communicated Case)

On 29 November 2007 the Volgograd Regional Court upheld the judgment of the Town Court. It follows from the appeal judgment that the applicant was absent and that the Regional Court proceeded without checking whether he had been duly informed about the date and time of the hearing. A representative of the service provider was present at the hearing and made oral submissions.

On an unspecified date the applicant asked the Town Court to provide him with a copy of summons from his case file, but was refused.

COMPLAINT

The applicant complains under Article 6 of the Convention that he was not duly notified of the appeal hearing and thus deprived of the opportunity to present his position before the appeal court. With reference to the same Article, he alleges that the domestic courts assessed his case erroneously.

QUESTIONS TO THE PARTIES

1.  Was the applicant notified of the hearing before the Volgograd Regional Court in such a way as to have an opportunity to attend?

2.  Taking into account that a representative of the other party was present at the hearing, whereas the applicant was neither present nor represented, was there a violation of his right to an adversarial trial under Article 6 � 1 of the Convention?