YPC Weekly Newsletter

2009


COURT OF CASSATION ADMITTED THE APPLICATION OF “A1+” FOR CONSIDERATION

Attorney of “A1+” TV company founder, “Meltex” LLC, Ara Ghazarian, told YPC
that a verbal notification has been received from the RA Court of Cassation
to the effect that “Meltex” application of December 19, 2008 about the review
of the two rulings of the Court of Cassation was admitted for consideration.
This refers to rulings of February 27, 2004 and April 23, 2004 on suits of “Meltex”
versus National Commission on Television and Radio. As it has been reported,
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
8-15, 2009
).