In the case of Meli and Swinkels Family Brewers N.V. v. Albania the Court held that there had been no violation of the right to a fair trial of the Convention as regards the alleged lack of access to the Constitutional Court, and a violation of the right to a fair trial as regards the applicants’ right to a reasoned decision by the Constitutional Court.

The case concerned the dismissal of the applicants’ constitutional complaints – for failure to reach the required majority – in separate proceedings by the Constitutional Court. First applicant’s case had concerned a land dispute, while the second applicant’s case had concerned alleged trademark infringement of its energy drink brand B-52.

The Court found that the law providing that a failure to reach a five-vote majority in the Constitutional Court would result in dismissal of the case had been clear, and the vote had followed a proper deliberation on the merits of each case. Therefore the applicants had been able to access the Constitutional Court to obtain a judgment. However, the Constitutional Court had failed to provide even a summary reasoning outlining the majority and minority positions, and had therefore denied the applicants a reasoned judgment in the cases.

• Press release