SECOND SECTION
DECISION
Application no. 12529/22
Davor BIĆANIĆ
against Croatia
(see appended table)
The European Court of Human Rights (Second Section), sitting on 13 June 2024 as a Committee composed of:
Diana Sârcu, President,
Davor Derenčinović,
Gediminas Sagatys, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 24 February 2022,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms K. Abramović, a lawyer practising in Zagreb.
The applicant’s complaint under Article 6 § 1 of the Convention concerning the denial of access to the Constitutional Court was communicated to the Croatian Government (“the Government”).
The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.
The Government acknowledged that there had been a violation of the applicant’s right under Article 6 § 1 of the Convention. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, from the 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 applicant informed the Court that he agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the Protocols thereto and finds no reasons to justify the continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 4 July 2024.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(denial of access to higher courts)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for non‑pecuniary damage and costs and expenses per applicant
(in euros)[1]
12529/22
24/02/2022
Davor BIĆANIĆ
1981
Abramović Kristina
Zagreb
22/04/2024
17/05/2024
6,750
[1] Plus any tax that may be chargeable to the applicant.