FIRST SECTION
DECISION
Application no. 9970/04
by Mira BANOVIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 3 May 2007 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsN. Vajić,
MrA. Kovler,
MrD. Spielmann,
MrS.E. Jebens,
MrG. Malinverni, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 4 December 2003,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Mrs Mira Banović, is a Croatian national who was born in 1947 and lives in Krnica. She was represented before the Court by Mr R. Frančula, a lawyer practising in Pula. The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
The facts of the case, as submitted by the parties, may be summarised as follows.
On a date unspecified date the Ministry of Defence, represented by the Zagreb State Attorney’s Office, instituted proceedings before the Pula Municipal Court (Općinski sud u Puli) against the applicant for termination of her specially protected tenancy. The first instance judgment of 3 June 1998, dismissing the claim, was upheld by the Pula County Court (Županijski sud u Puli)on 16 November 1998.
Upon the Zagreb State Attorney’s Office’s request for the protection of legality (zahtjev za zaštitu zakonitosti) of 5 March 1999, the Supreme Court reversed the lower courts’ judgments on 9 February 2000.
The applicant then filed a constitutional complaint arguing that the Supreme Court overstepped its authority as regulated under the Civil Procedure Act when deciding upon the State Attorney’s request for legality because it engaged into assessment of the relevant facts without holding a public hearing. On 22 May 2003 the Constitutional Court dismissed the applicant’s complaint as manifestly ill-founded.
In July 2003 the request for legality in civil proceedings was abolished from Croatian legal system by the Act on Amendments of the Civil Procedure Act (Official Gazette no. 117/2003 of 23 July 2003).
COMPLAINTS
1. The applicant complained that the Supreme Court had overstepped the scope of review afforded to it by domestic law since it had made its own assessment of relevant facts and for that reason only had reversed both the first instance and the appellate judgments which had already become final.
2. The applicant also complained under Article 8 of the Convention and Article 1 of Protocol no. 1, arguing that the Supreme Court’s decision to terminate her specially protected tenancy had deprived her of her home and had also violated her property rights since she had been unable to purchase the flat in question under favourable conditions.
THE LAW
By letter of 13 February 2007 the applicant informed the Court that she had accepted the proposal for a friendly settlement whereby the applicant waived any further claims against Croatia in respect of the facts of the present application.
On 13 March 2007 the Government also informed the Court that they accepted the proposal for a friendly settlement and that the Government would pay the applicant 20,000 euros in full and final settlement of her claim under the Convention, costs and expenses included.
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). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy