YPC, Yerevan, 23 Feb 2009 – 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.
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.
Number of View: 5435