YPC Weekly Newsletter

2009


COURT OF CASSATION DECLINED THE APPLICATION OF “A1+” FOUNDER

On February 19 the RA Court of Cassation declined the application of “A1+”
TV company founder, “Meltex” LLC, regarding the reconsideration of the two rulings
of the Court of Cassation. As it has been reported, the application was admitted
for consideration in January 2009 and referred to rulings of February 27, 2004
and April 23, 2004 on suits of “Meltex” versus National Commission on Television
and Radio. On February 27, 2004 the Court of Cassation left unchanged the ruling
of the RA Commercial Court of January 21, that did not secure the demand of
“Meltex” to annul the decision of the National Commission on Television and
Radio to grant “Cinemax” LLC a broadcast license for 63rd UHF of Yerevan (claimed
also by “A1+” TV company). On April 23, 2004 the Court of Cassation left in
force the ruling of the Commercial Court of March 23 that rejected the suit
of “Meltex” on providing the company with specific justification of the refusals
to grant it a license in competitions held on June 11 and July 18, 2003. The
present application of “Meltex” to the Court of Cassation was due to the new
circumstance, the judgment of the European Court of Human Rights of June 17,
2008 on the suit of “A1+” founder versus the Republic of Armenia. The European
Court had recognized the refusals to grant “Meltex” a broadcast license to be
a violation of Article 10 of the European Convention on Human Rights, i.e.,
of the right of the applicant to freely impart information and ideas (see YPC
Weekly Newsletter, January 16-22, 2009).

As YPC was told by one of “Meltex” attorneys, Ara Ghazarian, the decision of
Court of Cassation, publicized on February 19, says in particular that the court
rulings challenged by “A1+” founder were made in accordance with the legislation
in force in 2004 and are not subject to revision.