Good day! I will gladly analyze this court decision for you.
1. The subject of the dispute is compensation for material and moral damage caused by the flooding of the apartment.
2. In this case, the Grand Chamber of the Supreme Court reviewed the decisions of the appellate and cassation courts based on the application of the defendant, who referred to the decision of the European Court of Human Rights (ECHR) in the case of “Baturov v. Ukraine”, where a violation of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms was established, namely – a violation of the principle of equality of arms in the judicial process. The court found that the appellate court did not properly notify the defendant of the hearing and did not give him the opportunity to express his position on the appeal of the plaintiffs. The Grand Chamber emphasized that Ukraine is obliged to comply with the decisions of the ECHR, and the restoration of violated rights is possible through a retrial of the case by the appellate court in compliance with the principle of equality of arms. The court also noted that for the effective restoration of the applicant’s rights, it is necessary to cancel not only the decision of the appellate court, but also the ruling of the cassation court refusing to open cassation proceedings.
3. The Grand Chamber of the Supreme Court partially satisfied the defendant’s application, overturning the decisions of the appellate and cassation courts in the part of the claims against him and sending the case for a new trial to the appellate court.
