THIRD SECTION
DECISION
Application no. 75566/01
by BRESKVAR and JELOVŠEK
against Slovenia
The European Court of Human Rights (Third Section), sitting on 4 January 2007 as a Chamber composed of:
MrC. Bîrsan, President,
MrB.M. Zupančič,
MrV. Zagrebelsky,
MrsA. Gyulumyan,
MrE. Myjer,
MrDavid Thór Björgvinsson,
MrsI. Ziemele, judges,
and Mrs F. Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 10 February 2000,
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 applicants are Slovenian nationals. The first two, Mr Martin Breskvar and Mr Andrej Breskvar were born in 1947 and 1948 respectively and live in Ljubljana. The third applicant, Ms Blažka Jelovšek, was born in 1956 and lives in Vrhnika. The fourth applicant, Mr Stane Breskvar, was born in 1971 and lived in Ljubljana. He died on 23 September 2000, in the course of the proceedings. The first three applicants, who are the fourth applicant’s children and his only heirs, have elected to pursue his application before the Court.
The respondent Government (“the Government”) are represented by Mr L. Bembič, State Attorney-General.
The facts of the case, as submitted by the parties, may be summarised as follows.
A. Background
On 16 June 1959 the land owned by M.N. was nationalised.
On 20 May 1963 I.B., the fourth applicant’s wife and the mother of the first three applicants, acquired the right to make free use of this land.
On 7 March 1978 this right was partially transferred to the first three applicants. Each of them got 1/5 of the right; 2/5 remained with their mother, I.B.
On 20 March 1979 the Municipality of Ljubljana – Vič –Rudnik (Občina Ljubljana – Vič –Rudnik) confiscated the land in order to build a sports centre.
On 28 August 1985 I.B. died.
B. The proceedings concerning compensation claim
On 5 May 1981 the Basic Court of Ljubljana (Temeljno sodišče v Ljubljani) granted compensation for the confiscated right to make use of the land to the first three applicants and their mother. However, the first three applicants refused to accept the compensation. The first-instance court’s decision was upheld by the Ljubljana Higher Court (Višje sodišče v Ljubljani) on 9 December 1981.
The claimants lodged an appeal on points of law, which was rejected as inadmissible.
Subsequently, they made two unsuccessful attempts to re-open the proceedings. The decision rejecting the third request for re-opening was quashed by the Ljubljana Higher Court on 13 November 1985.
It appears that the proceedings were discontinued due to institution of denationalization proceedings in 1993 (see “The denationalisation proceedings” below). On 25 October 1995 the applicants requested that the proceedings be continued.
The (renamed) Local Court of Ljubljana (Okrajno sodišče v Ljubljani) held hearings on 13 May 1997 and 8 may 2002.
On 22 November 2004 the Administrative Unit of Ljubljana sent its final denationalisation decision to the court (see “The denationalisation proceedings” below).
The applicants submitted, in their letter of 7 March 2005, that the proceedings for compensation for the reduction in the value of the land against the Administrative Unit of Ljubljana were still pending.
C. The denationalisation proceedings
On 25 June 1991 Slovenia became independent.
On 5 March 1992, after the adoption of the Denationalisation Act 1991 (Zakon o denacionalizaciji), all four applicants lodged a request for the restitution of the land with the Municipality of Ljubljana – Vič –Rudnik.
On 14 July 1993 the Municipality dismissed the request relying on the then established interpretation of the Denationalisation Act 1991.
On 28 June 1994 the Convention entered into force in respect of Slovenia.
On 30 October 1995 the applicants’ appealed. The Ministry of the Environment and Spatial Planning (Ministrtvo za okolje in prostor) remitted the case to the first-instance administrative authority on 30 April 1996.
On 23 May 2002 the Constitutional Court (Ustavno sodišče) adopted a new interpretation of the Denationalisation Act 1991 which equalized the status of those whose right to make use of the land was confiscated with status of the previous owners of the nationalised land. According to that decision, the Administrative Unit of Ljubljana (Upravna enota Ljubljana – the competent administrative body for such proceedings after the reform of the local administration) re-considered the applicants’ case.
On 12 March, 14 April and 8 July 2004 the Administrative Unit conducted hearings and on 31 August 2004 issued a decision. The first three applicants and their deceased mother were granted ownership and possession of the nationalised land.
The decision became final on 14 October 2004.
COMPLAINTS
The applicants complained under Article 6 § 1 of the Convention that the length of the proceedings for compensation and for restitution of land was excessive. In substance, they also complained that there was no effective remedy available in Slovenia in this regard (Article 13 of the Convention).
The applicants further complained that they had been unlawfully deprived of their land because the Municipality had not used it for the purpose for which it had been confiscated (Article 1 of Protocol No. 1 to the Convention). In addition, the applicants complained that they were discriminated against in the denationalisation proceedings (Article 14 of the Convention, read together with Article 1 of Protocol No 1).
THE LAW
On 3 October 2006 the Registry made a proposal for a friendly settlement to both parties.
On 26 October 2006 the Court received the following declaration signed by the applicants:
“We, Ms Blažka Jelovšek, Mr Stane Breskvar, Mr Martin Breskvar and Mr Andrej Breskvar, note that the Government of Slovenia are prepared to pay us jointly ex gratia the sum of 12,000 euros with a view to securing a friendly settlement of the above mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights...
We accept the proposal and waive any further claims against Slovenia in respect of the facts giving raise to this application. We declare that this constitutes a final resolution of the case...”
On 22 November 2006 the Court received the following declaration from the Government:
“I, Lucijan Bembič, Agent of the Republic of Slovenia, declare that the Government of Slovenia offer to pay ex gratia 12,000 euros to Ms Blažka Jelovšek, Mr Stane Breskvar, Mr Martin Breskvar and Mr Andrej Breskvar jointly with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be payable within three months from the date of notification of the decision by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights...”
The Court takes note of the friendly settlement reached between the parties (Article 39 of the Convention). 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 and Rule 62 § 3 of the Rules of Court).
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.
Fatoş AracıCorneliu Bîrsan
Deputy RegistrarPresident
Full & Egal Universal Law Academy