The European Court of Human Rights made public its decision on Megadat.com SRL versus Moldova on Tuesday, April 8. The ECHR has found that withdrawing the company’s license was arbitrary as a procedure, discriminating as treatment and disproportionate as a sanction. The plaintiffs are to submit the Court their claimed damages and the expenses related to the trial within three months, Info-Prim Neo reports.
It’s not the first case when the ECHR deals with withdrawing licenses in Moldova, Janeta Hanganu, the lawyer of the plaintiff company, addressed a news conference. Yet she believes the case is interesting for jurisprudence because of the ado it triggered, while the Government insisted at the Strasbourg Court the withdrawal of the license was legal, offering legal, formal and “illusionary” reasons.
“This decision in the Megadat.com SRL versus Moldova case brings additional evidence as to the Moldovan authorities’ inability to act consistently and legal in their relations with subjects, either companies, or natural entities.
According to the counselor, the ECHR remarked that the severity of the sanction applied by the National Regulatory Agency in Telecommunications and Informatics (ANRTI) was disproportionate as for the violations invoked - not informing on changing the legal address. The discriminating treatment is obvious because, out of those 91 companies having been provided time to mend their irregularities, only Megadat.com was lifted the license.
The lawyer underlines the ECHR particularly noticed that neither the ANRTI, not the Moldovan courts had provided any procedural guarantees when declining the company’s right to defend itself. The ECHR remarked that the manager Eduard Musuc was arrested in July 2004, while peacefully protesting against the withdrawal of the license. The court took into account the authorities’ subsequent actions which actually destroyed the company, Janeta Hanganu said.
Immediately after lifting the license, Megadat.com was subjected to searches by the Anti-Corruption Squad and Fiscal Inspectorate.
“We are peaceful people,” Eduard Musuc has answered whether he will accept a deal with the Government, if he is proposed to. “We plead for a constructive dialog,” he said.
Asked to assess the damages he could claim, Social-Democrat Musuc has said it is early to name a figure, yet the then value of the company was between $8.4 and 14.15 million.
ANRTI declared void Megadat.com SRL’s license – deemed as the largest Internet provider in Moldova then – on October 6, 2003. The reasons invoked were not informing on changing the legal address. The license was lifted although the company maintained it observed the term to mend the flaw. Megadat.com SRL lodged a complaint with the ECHR on June 8, 2004. As for the national level, only one judge of the Supreme Court of Justice had a separate opinion as to the writ, pointing out including the violations found now by the Strasbourg Court.
