FIRST SECTION
DECISION
Application no. 4998/07
by Miroslav GARDILČIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 29 November 2007 as a Chamber composed of:
MrL. Loucaides, President,
MrsN. Vajić,
MrA. Kovler,
MrK. Hajiyev,
MrD. Spielmann,
MrS.E. Jebens,
MrG. Malinverni, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 4 December 2006,
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 Miroslav Gardilčić, is a Croatian national who was born in 1964 and lives in Zagreb. He was represented before the Court by Mr S. Babić, a lawyer practising in Zagreb. 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.
The applicant was teaching Latin and Greek at the Classical High School (Klasična gimnazija) in Zagreb (“the employer”). On 23 August 1995 he was dismissed from his job.
On 21 September 1995 the applicant brought a civil action in the Zagreb Municipal Court (Općinski sud u Zagrebu) against the employer challenging his dismissal. He sought reinstatement and salary arrears.
On 7 December 2005 the Municipal Court gave judgment for the applicant. The respondent appealed.
On 13 June 2006 the Zagreb County Court quashed the first-instance judgment and remitted the case.
It appears that the case is currently again pending before the first-instance court.
Meanwhile, on 7 December 2004 the applicant lodged a constitutional complaint about the length of the above proceedings. On 12 July 2005 the Constitutional Court (Ustavni sud Republike Hrvatske) found a violation of his constitutional right to a hearing within a reasonable time, awarded him 10,500 Croatian kunas (HRK) in compensation, and ordered the 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 Constitutional Court’s decision was published on 25 July 2005.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the above civil proceedings. In particular, he complained that even after the Constitutional Court’s decision, the proceedings had not been brought to an end.
THE LAW
By letter of 19 July 2007 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 17 October 2007 the Government informed the Court that the parties had reached a settlement whereby the Government would pay the applicant 3,500 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). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Søren NielsenLoukis Loucaides
RegistrarPresident
Full & Egal Universal Law Academy