FOURTH SECTION

DECISION

AS TO THE ADMISSIBILITY OF

Application no. 16679/02
by Ratko ŠKOBIĆ
against Bosnia and Herzegovina

The European Court of Human Rights (Fourth Section), sitting on 16 March 2010 as a Chamber composed of:

Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ledi Bianku,
Mihai Poalelungi, judges,
and Lawrence Early, Section Registrar,

Having regard to the above application lodged on 20 February 2002,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Ratko Škobić, is a citizen of Bosnia and Herzegovina and the Netherlands who was born in 1941 and lives in Rotterdam. The Government of Bosnia and Herzegovina (“the Government”) were represented by Ms M. Mijić, Agent, and Ms Z. Ibrahimović, Deputy Agent.

A. The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

Prior to the dissolution of the Socialist Federal Republic of Yugoslavia (“the SFRY”) the applicant deposited foreign currency in his five bank accounts at the then Jugobanka Sarajevo – Ekspozitura Bugojno and Privredna banka Sarajevo – Osnovna banka Bugojno (in what is today the Federation of Bosnia and Herzegovina) and Jugobanka Sarajevo – Filijala Banja Luka and Privredna banka Sarajevo – Osnovna banka Banja Luka (in what is today the Republika Srpska). In Bosnia and Herzegovina, as well as in other successor States of the SFRY, such savings are commonly referred to as “old” foreign-currency deposits (for the relevant background information see Suljagić v. Bosnia and Herzegovina, no. 27912/02, 3 November 2009).

In 1991/92 the balance in the applicant’s accounts (which included interest) was apparently in the region of 210,000 Dutch guilders (approximately 95,000 euros).

The applicant subsequently attempted to withdraw his savings on several occasions, but to no avail. It would appear that he has not obtained a verification certificate pursuant to the domestic legislation on “old” foreign-currency savings.

B. Relevant domestic law and practice

The relevant law and practice were outlined in Suljagić, cited above.

COMPLAINT

The present case is fundamentally, like Suljagić, about the compliance of the domestic legislation on “old” foreign-currency savings with the conditions laid down by Article 1 of Protocol No. 1 to the Convention.

THE LAW

On 3 November 2009 the Court adopted a pilot judgment concerning “old” foreign-currency savings in banks based in Bosnia and Herzegovina (see Suljagić, cited above). While the Court considered the domestic legislation on “old” foreign-currency savings to be compatible as such with Article 1 of