FIRST SECTION
DECISION
Application no. 33777/05
by Todor AMANOVIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 2 October 2008 as a Chamber composed of:
Anatoly Kovler, President,
Nina Vajić,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 31 August 2005,
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Todor Amanović, is a Croatian national who was born in 1938 and lives in Knin. The Croatian Government (“the Government”) were represented by their Agent, Mrs Š. Stažnik.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant is the owner of a family house in Kovačić where he had been living until 4 August 1995 when he left Croatia. In January 1997 the Commission for Temporary Takeover and Use of Certain Property of the Municipality of Knin (Komisija za privremeno preuzimanje i korištenje određene imovine Grada Knina) authorised a certain B.B. and his family to temporarily occupy the applicant's house.
In August 1998 the applicant applied for repossession of his house to the Housing Commission of the Municipality of Knin (Stambena komisija Grada Knina). On 3 June 1999 the Housing Commission set aside the decision of the municipality of Knin of 24 January 1997 and ordered that the property be returned to the applicant, but only after the State had provided B.B. and his family with an alternative housing.
On 21 March 2003 the applicant repossessed his house.
COMPLAINTS
The applicant complained under Article 8 of the Convention and Article 1 of Protocol No. 1 to the Convention about the amount of the compensation he had received.
THE LAW
On 13 June 2008 the Court received the following declaration signed by the applicant:
“I note that the Government of Croatia are prepared to pay me ex gratia the sum of 16,400 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Croatia in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
On 15 July 2008 the Court received the following declaration from the Government:
“I declare that the Government of Croatia offer to pay ex gratia 16,400 euros to Mr Todor Amanović with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.”
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the case out of the list and discontinue the application of Article 29 § 3 of the Convention.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
André WampachAnatoly Kovler
Deputy RegistrarPresident
Full & Egal Universal Law Academy