Subject of Dispute: Return of the appeal complaint of “Garant LTD 1” company due to an alleged missed deadline for rectifying deficiencies.
Main Arguments of the Court: The Supreme Court established that the appellate court unjustifiably returned the appeal complaint, as the company submitted an application for rectifying deficiencies within the prescribed time limit through a postal office. The court emphasized the importance of observing the right to judicial protection and the principle of accessibility of justice, guided by the practice of the European Court of Human Rights.
Court Decision: To cancel the ruling of the appellate court and remand the case for resolving the issue of opening appellate proceedings.
