Individual Application

No violation of the right to property for holding the applicant responsible for his company’s debts to the public

The applicant received the payment order issued by the Provincial Directorate of the Social Security Institution for the social security contributions of the company where he was a shareholder and a Board member as well as for the incurred default interest. The applicant filed an action with the labour court for annulment of the payment order. Having an expert report obtained on the issue, the labour court dismissed the action relying on the expert report as a ground. On the applicant’s appeal, the first instance decision was upheld by the Court of Cassation. Finding no violation, the Constitutional Court concluded that the impugned interference with the right to property did not upset, to the applicant’s detriment, the fair balance to be struck between the public interest and the said right.