FIRST SECTION
DECISION
Application no. 25333/02
by Jovan DRAGIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 15 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 7 June 2002,
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 Jovan Dragić, is a Croatian national who was born in 1941 and lives in Ogulin. He was represented before the Court by Mrs T. Burjačenko Grubiša, a lawyer practising in Zagreb. The Croatian Government (“the Government”) were firstly represented by their Agent, Ms L. Lukina-Karajković and later by Ms Š. Stažnik.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 25 June 1995 the applicant’s house in Ogulin was destroyed by a mine placed by unknown perpetrator.
On 19 July 1995 the applicant filed a civil action with the Zagreb Municipal Court (Općinski sud u Zagrebu) against the Republic of Croatia seeking damages for his destroyed property pursuant to Section 180 of the Civil obligations Act (Zakon o obveznim odnosima).
On 17 January 1996 Parliament introduced an amendment to the Civil Obligations Act which provided that all proceedings concerning actions for damages resulting from terrorist acts were to be stayed pending the enactment of new legislation on the subject and that before the enactment of such new legislation damages for terrorist acts could not be sought.
On 13 May 1996 the Zagreb Municipal Court stayed the proceedings pursuant to the above legislation.
On 14 July 2003 Parliament passed the Act on Liability for Damage Resulting from Terrorist Acts and Public Demonstrations (Zakon o odgovornosti za štetu nastalu uslijed terorističkih akat i javnih demonstracija, Official Gazette no. 117/2003, of 23 July 2003).
Pursuant to the above Act, on 25 September 2005 the Zagreb Municipal Court resumed the proceedings and scheduled a hearing for 1 April 2004.
Meanwhile, on 30 April 2002 the applicant filed a constitutional complaint about the length of proceedings and the lack of access to a court.
On 24 March 2004 the Constitutional Court accepted the applicant’s complaint and awarded the applicant the amount of 4,400 Croatian kunas (HRK).
COMPLAINT
The applicant complained under Article 6 § 1 and Article 13 of the Convention that Parliament’s enactment of the 1996 legislation had interfered with his right of access to a court and his right to an effective remedy.
THE LAW
By letter of 8 December 2006 the applicant’s representative informed the Court that the parties had reached a settlement whereby the applicant waived any further claims against Croatia in respect of the facts of the present application.
On 15 January 2007 the Government informed the Court that they accepted the proposal for a friendly settlement and that the Government would pay the applicant 3,200 euros in full and final settlement of his claim under the Convention, 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 and finds no public policy reasons to justify a continued examination of the application (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