1. The subject of the dispute is the appeal against the appellate court’s ruling on the return of the appeal to the plaintiff against the first instance court’s ruling refusing to accept the application to amend the subject matter of the claim.
2. The court of cassation found that the appellate court mistakenly returned the appeal to the plaintiff, considering that the ruling refusing to accept the application to amend the subject matter of the claim is not subject to appeal separately from the court’s decision. The Supreme Court emphasized that the procedural consequence of refusing to accept the application to amend the subject matter of the claim is its return, and the return of the application may be appealed. Also, the Supreme Court referred to the analogy of the law and the practice of the ECHR regarding ensuring the right to appeal review of the case. The Court noted that it departs from the previous conclusions of the Supreme Court in similar cases, set forth in the ruling of April 08, 2021, in case No. 177/1251/18.
3. The Supreme Court overturned the ruling of the appellate court and sent the case to the court of appeal to continue the proceedings.
