A1+

NCTR FURTHER STEPS DEPEND ON CC DECISION
[05:31 pm] 13 February, 2009

`A1+’s case wouldn’t have reached the European Court of Human Rights
and a violation of Article 10 of the European Convention on Human
Rights wouldn’t have been registered if Armenian judicial instances
had demanded the National Commission on Television and Radio (NCTR) to
ground for the denial of licences to A1+ in seven tenders for
broadcasting tenders,’ says the President of `Forum’ legal center,
A1+’s Advocate Tigran Ter-Yesayan.

On February 13 the Court of Cassation heard the appeal of Meltex Ltd
against the National Commission on Television and Radio.

To remind, in its decision of July, 2008, the European Court
questioned the lawfulness of seven frequency tenders announced by the
(NCTR) and demands to ground for the denial of A1+’s application.

Meltex Ltd had motioned the Cassation Court to review February 27,
2004, and April 23, 2004, decisions of the CC Chamber on Civil and
Economic Cases. The motion was based on new circumstances,
particularly on a June 17, 2008, decision of the European Court which
registered a violation of Article 10 of the European Convention on
Human Rights.

Meltex Ltd has set three demands to the Cassation Court. Firstly, the
Company demands the Court to recognise that the Company’s right of
information dissemination has been breached. Secondly, the Company the
Court should nullify the NCTR decisions of denying A1+’s bids for 25,
31, 39, 51 and 63 frequency tenders. Finally, according to Advocate
Ara Ghazaryan, the Court should make the NCTR announce a tender for
the aforesaid frequencies in the territory of Yerevan.

While studying A1+’s claims, Chief Justice Arman Mkrtumyan cited an
extract from the EC decision and noted that the Armenian courts, in
particular the Court of Cassation, have made decisions within the law.

`If the Court of Cassation denies our claim, it means the NCTR will
not change its posture and will never ground for its decisions or
refusals,’ says Advocate Ara Ghazaryan.

Today Ara Ghazaryan announced that A1+’s case is unprecedented in
Armenia, and the solution must be found with joint efforts.

The Court is to publicise its decision at 11:00 February 19.