The Plenum of the Constitutional Court of the Republic
of Azerbaijan, chaired by Farhad Abdullayev, held a regular public session via
special court proceedings.
At the court session was considered the constitutional
case on complaints of Allahveren Aliyev and “Caspian Service” Private Limited
Company regarding a verification of conformity of the decision of May 23, 2018,
of Administrative-Economical Chamber of the Supreme Court of the Republic of Azerbaijan
with the Constitution and laws of the Republic of Azerbaijan.
Having heard a Report of Judge Jeyhun Qaracayev,
reports of the legal representatives, the conclusion of expert, examined the
materials of the case the Plenum of Constitutional Court of the Republic of
Azerbaijan adopted a decision.
The decision states that the decision of May 23, 2018
of Administrative-Economical Chamber of the Supreme Court of the Republic of Azerbaijan,
on the case of “Aran Qala” Private Limited Company against the defendant “Caspian
Service” Private Limited Company on compensation of damages, shall be
considered as null and void because of its contradiction to parts I and II of Article
29, part I of Article 60 of the Constitution of the Republic of Azerbaijan,
Articles 416 and 417.1.4 of the Civil Procedure Code of the Republic of
Azerbaijan. The case should be re-examined in
accordance with legal positions indicated in decision of Constitutional Court,
in the manner and term specified by the civil
procedure legislation of the Republic of Azerbaijan.
The decision comes
into force from the date of its publication, is final, and may not be
cancelled, changed or officially interpreted by any institution or official.
