FIRST SECTION
DECISION
Application no. 22316/05
by Vjera BELKOVIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 8 February 2007 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsN. Vajić,
MrA. Kovler,
MrsE. Steiner,
MrS.E. Jebens,
MrG. Malinverni, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 31 May 2005,
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, Ms Vjera Belković, is a Croatian national who was born in 1949 and lives in Zagreb. The Croatian Government were represented by their Agent, Mrs Š. Stažnik.
1.Civil proceedings no. P-6227/93
On 6 September 1993 the applicant brought a civil action in the Zagreb Municipal Court (Općinski sud u Zagrebu) against a certain B.J. seeking payment of 12,000 German marks (DEM).
On 27 February 2004 the court gave judgment accepting the applicant’s claim in part. It awarded her DEM 6,000 and the litigation costs.
2.Civil proceedings no. P-6240/93
On 6 September 1996 the applicant brought a civil action in the Zagreb Municipal Court against a certain Đ.M. seeking payment of DEM 6,000.
On 2 July 2001 the court gave judgment for the applicant. The respondent appealed. On 28 December 2004 the Zagreb County Court (Županijski sud u Zagrebu) dismissed the appeal and upheld the first-instance judgment.
3. Civil proceedings no. P-6252/93
On 6 September 1996 the applicant brought a civil action in the Zagreb Municipal Court against a certain J.S. seeking payment of DEM 10,000.
On 19 January 2005 the Municipal Court gave decision declaring that the action was considered withdrawn since the conditions for staying the proceedings due to the inactivity of the parties had been met for the second time.
On 16 February 2005 the applicant appealed against that decision to the Zagreb County Court (Županijski sud u Zagrebu). It appears that the proceedings are currently pending before that court.
4.Proceedings before the Constitutional Court
Meanwhile, on 31 December 2002 the applicant lodged a constitutional complaint arguing that her constitutional right to a hearing within a reasonable time was violated on account of the excessive duration of the three abovementioned proceedings. On 19 May 2004 the applicant re-submitted her complaint.
On 12 November 2004 the Constitutional Court declared the applicant’s constitutional complaint inadmissible.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the above three civil proceedings.
THE LAW
By letter of 3 November 2006 the applicant informed the Court that she accepted a proposal for a friendly settlement and waived any further claims against Croatia in respect of the facts of the present application.
On 23 November 2006 the Government informed the Court that the parties had reached a settlement whereby the Government would pay the applicant 10,800 euros in full and final settlement of the case, 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 (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