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24.65 25.05
27.05 27.65
Events 2019-07-15T04:34:27+03:00
Ukrainian news
EU Court's Ruling Not Affecting Firtash's Legal Status

EU Court's Ruling Not Affecting Firtash's Legal Status

Lawyers of a Ukrainian businessman, Dmytro Firtash, say that the ruling of the Court of Justice of the European Union dated October 24 does not affect the legal status of their client.

This follows from their official statement, Ukrainian News Agency reports.

"The ruling of the EU Court dated October 24, 2018 does not alter the legal status of our client, Dmytro Firtash," they said.

According to the lawyers, the Court considered the legal issue of mandatory application of the Charter of Fundamental Rights of the European Union as to the appeal submitted by Mr. Firtash in Austria.

The EU Court decided that application of the Charter's provision was not obligatory.

Firtash's lawyers note that the infringement of fundamental rights of their client, guaranteed by the European Convention on Human Rights, which is the main element of the court practice at the Supreme Court of Justice of Austria, is undisputable and must be assessed at the Supreme Court of Justice of Austria, despite the ruling of the EU Court.

Besides, the lawyers say that the Austria's Supreme Court of Justice has already ruled that the Charter of Fundamental Rights of the European Union had to be utilized as a reference standard within Austria court proceedings.

The EU Court's ruling does not ban referring to the Charter and preserves such a right for the EU member countries.

"In compliance with the ruling of the Court of Justice of the European Union, currently we expect that the Supreme Court of Justice of Austria will start hearing the appeal of our client. When the Supreme Court will provide its conclusions is unpredictable," the lawyers said.

They also note they are confident in lawfulness of their client's actions.

As Ukrainian News Agency earlier reported, in December 2017, the Supreme Court of Justice suspended Firtash's extradition to the United States until consideration of his lawyers' appeal against the ruling of the Vienna Regional Criminal Court.

The Supreme Court decided that the lawyers' demand for repeat consideration of the case was founded.

The lawyers state that the Vienna Regional Criminal Court made a mistake by giving green light to Firtash's extradition as well as by terminating the ruling of a court of the first instance.

Besides, the Supreme Court suspended consideration of the case until the Court of Justice of the European Union had provided its preliminary ruling on applicability of the EU Charter of Fundamental Rights to the appeal against Firtash's extradition.

 

 

 

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