FIRST SECTION
DECISION
Application no. 11203/04
by Čedomir BOGDANOVIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 20 February 2007 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsN. Vajić,
MrK. Hajiyev,
MrD. Spielmann,
MrS.E. Jebens,
MrG. Malinverni, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 25 February 2004,
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, Mr Čedomir Bogdanović, is a Croatian national who lives in Sisak. He was represented before the Court by Mr Z. Kostanjšek, a lawyer practising in Sisak. The Croatian Government were represented by their Agent, Mrs Š. Stažnik.
The facts of the case, as submitted by the parties, may be summarised as follows.
In August 1991 the Croatian Army temporarily seized the applicant’s car for military purposes. In October 1992 the vehicle was returned to him damaged.
On 13 August 1996 the applicant brought a civil action against the State in the Sisak Municipal Court (Općinski sud u Sisku) seeking pecuniary damages.
On 6 November 1999 the Amendments to the Civil Obligations Act (“the 1999 Amendments”) entered into force. It provided that all proceedings concerning compensation for damage caused by the members of the Croatian army or police in the performance of their official duties during the Homeland War in Croatia were to be stayed pending the enactment of new legislation on the subject.
On 16 November 1999 the Municipal Court stayed the proceedings pursuant to the above legislation.
On 31 July 2003 new legislation entered into force (“the 2003 Liability Act”).
Pursuant to the 2003 Liability Act, on 17 November 2003 the Municipal Court decided to resume the proceedings, and on 16 February 2005 gave judgment dismissing the applicant’s claim.
On 7 April 2006 the Sisak County Court (Županijski sud u Sisku) dismissed the applicant’s appeal against the first-instance judgment.
Meanwhile, on 24 February 2004 the applicant lodged a constitutional complaint about the length of proceedings. On 19 October 2004 the Constitutional Court accepted the applicant’s complaint, awarded him 6,600 Croatian kunas (HRK) in compensation and ordered the Sisak Municipal Court to give a decision in the case in the shortest time possible but no later than six months following the publication of the decision in the Official Gazette. The decision was published on 5 November 2004.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention that the enactment of the 1999 Amendments and the prolonged stay of the proceedings resulting thereof had violated his right of access to a court.
THE LAW
By letter of 1 December 2006 the applicant informed the Court that he accepted a proposal for a friendly settlement and waived any further claims against Croatia in respect of the facts of the present application.
On 29 January 2007 the Government informed the Court that the parties had reached a settlement whereby the Government would pay the applicant 3,000 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