FIRST SECTION
DECISION
Application no. 15694/04
by Radojica BRAJENOVIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 21 June 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 2 March 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 Radojica Brajenović, 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 (“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.
In March 1993 the Croatian Army temporarily seized the applicant’s car for military purposes. In June 1996 the vehicle was returned damaged to the applicant.
On 7 January 1997 the applicant brought a civil action against the State in the Sisak Municipal Court (Općinski sud u Sisku) seeking pecuniary damages.
The court held several hearings.
On 6 November 1999 the Amendments to the Civil Obligations Act (“the 1999 Amendments”) entered into force.
On 10 November 1999 the Municipal Court stayed the proceedings pursuant to the above legislation.
On 31 July 2003 new legislation on the liability of the State for damage caused by members of the Croatian Army and police in the performance of their official duties during the Homeland War 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.
On 21 March 2005 the court gave judgment accepting the applicant’s claim in part. Following an appeal, on 8 December 2005 the Sisak County Court upheld the first-instance judgment. .
Meanwhile, on 1 March 2004 the applicant lodged a constitutional complaint concerning the length of proceedings under section 63 of the Constitutional Court Act. On 8 July 2004 the Constitutional Court accepted the applicant’s complaint. Relying on the Court’s case law (Kutić v. Croatia, no. 48778/99, ECHR 2002‑II), it found violations of the applicant’s constitutional rights to a hearing within a reasonable time and access to a court. It ordered the Sisak Municipal Court to give a decision in the applicant’s case within ten months following its publication in the Official Gazette and awarded him compensation in the amount of 6,600 Croatian kunas (HRK). The decision was published on 9 August 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 violated his right of access to a court.
THE LAW
On 4 April 2007 the applicant’s representative informed the Court that the applicant accepted a proposal for a friendly settlement and waived any further claims against Croatia in respect of the facts of the present application.
On 10 May 2007 the Government informed the Court that the parties had reached a settlement whereby the Government would pay the applicant 1,500 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