In the case of Vujović and Lipa D.O.O. v. Montenegro (no.2), the Court held that there had been a violation of the right to a fair hearing within a reasonable time and a violation of the protection of property.

The case concerned repeated remittals by the Constitutional Court to the Court of Appeal in the context of insolvency proceedings.

The Court found no reason to depart from the Constitutional Court’s conclusions that the decisions of the Court of Appeal had been insufficiently reasoned and arbitrary. Furthermore, the total length of the proceedings had been mainly caused by the cumulative effect of the Court of Appeal failing to comply with the Constitutional Court’s decisions on four occasions, contrary to legislative requirements, and had been entirely attributable to the domestic authorities. It had not been until the fifth re-examination of the case that the Court of Appeal had finally complied with the Constitutional Court’s decisions and most of the applicant company’s property had by then been sold.

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