Apostol v. Georgia

Information Note on the Court’s case-law 91November 2006Apostol v. Georgia - 40765/02Judgment 28.11.2006 [Section II]Article 6Civil proceedingsArticle 6-1Access to courtObligation to pay expenses prior to the initiation of enforcement proceedings resulting in indigent creditor being unable to obtain enforcement in his favour: violationArticle 35Article 35-1Exhaustion of domestic remediesEffective domestic remedyConstitutional complaint not an appropriate remedy for an applicant financially barred from initiating enforcement proceedings: preliminary objection dismissedFacts: The applicant brought a civil action against a private person. A binding judgment allowed his claim and ordered the debtor to pay him arrears. Since the debtor refused to abide by the judgment, the applicant requested the initiation of enforcement proceedings. However, pursuant to Article 26 of the Enforcement Proceed …