S.C. Uzinexport S.A. v. Romania kararı, “http://hudoc.echr.coe.int/” adresinden erişilebilirdir.
S.C. Uzinexport S.A. v. Romania kararının basın duyurusu, “http://hudoc.echr.coe.int/webservices/content/pdf/003-5053775-6215085” adresinden erişilebilirdir.
Bu basın duyurusunun özeti, İngilizce haliyle, aşağıdaki gibidir:
In today’s Chamber judgment in the case of S.C. Uzinexport S.A. v. Romania (application no. 43807/06) the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights.
The case concerned the dismissal of a claim by a company seeking to obtain default interest for late payment in respect of a sum owed to it by the State.
The Court took the view that there was no reason for the High Court of Cassation and Justice to have found the company’s claim out of time, when faced with sufficiently clear case law and legal standards which contradicted such a finding. Observing that the role of a supreme court was to resolve any divergences in case-law that were inherent in any judicial system, it concluded that the High Court’s decision in the applicant’s case was arbitrary and incompatible with the principle of legal certainty.