Antenna Limited v. Cyprus Radiotelevision Authority (Case no. 1873/2012, decision dd 31/01/2019)
Recently, the Administrative Court issued the above decision whereby previous caselaw pertaining to the functioning of tribunals carried out by Administrative bodies has been overturned thus challenging the validity of their decisions.
The Cyprus Radiotelevision Authority (CRTA) was found by the Administrative Court to have violated the right to a fair trial as guaranteed by Article 6 ECHR when it refused the Applicant to be heard orally but rather obligated the Applicant to submit written submissions. The CRTA alleged that this was done in order to speed up proceedings before it and to the interests of public welfare. The Court found that the procedure was imposed in a number of cases pending before it and that it was the sole procedure to be followed according to a circulated Note by the CRTA. Having taken into consideration the nature of the alleged violation by the Applicants, the Court’s limited power of administrative review of cases before it and inability to replace the CRTA’s findings with its own, as well as the abandoning of oral hearings in all cases without consideration of the nature of each case, the Court found that the present case was distinguished from Sigma Radio TV v Cyprus (decision dated 21/07/2011 ECHR) where parties had the option to either verbal or written hearings and thus concluded that the present procedure amounted to an infringement of the Applicants’ right to a fair trial. While the present decision may be appealed, however, without doubt it will have a vast impact on all Administrative bodies carrying out tribunals.
refers to the service mark through which Kinanis LLC of Cyprus, Kinanis Fiduciaries Limited of Malta and their affiliated
companies are conducting business, each of which is a separate legal entity.