LITVINYUK v. UKRAINE - 55109/08 (Judgment : Article 6 - Right to a fair trial : Fifth Section Committee)

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

"47. As for the issues that were at stake for the applicant, the Court notes that following the traffic accident the applicant was seriously injured and received a disability degree. Given that the applicant was a single mother and had a child to raise, the compensations for loss of earnings and for expenses sustained as a result of a poor state of her health were of undeniable importance for the applicant. The Court therefore considers that what was at stake for the applicant called for an expeditious decision on her claims."

. On 27 March 2007 the Simferopolskiy District Court found against the applicant. On 24 December 2007 the Court of Appeal of the Autonomous Republic of Crimea quashed this decision and remitted the case to a first-instance court for fresh examination. On 23 April 2008 the Supreme Court of Ukraine upheld the decision of the court of appeal.

. On 13 May 2009 the Simferopolskiy District Court partly found for the applicant. On 29 July 2009 the Court of Appeal of the Autonomous Republic of Crimea quashed this decision and remitted the case to a first-instance court for fresh examination. On 15 October 2009 the Supreme Court of Ukraine upheld the decision of the court of appeal.

. Article 293 § 1 (15) and Article 324 § 1 (2) of the Civil Procedure Code allowed decisions of the first-instance court on leaving the claim without consideration to be subject to review in the court of appeal and the court of cassation after they have been reviewed on appeal.