FIRST SECTION
DECISION
Application no. 9188/04
by Ljudevit GLASL
against Croatia
The European Court of Human Rights (First Section), sitting on 19 January 2006 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsF. Tulkens,
MrP. Lorenzen,
MrsN. Vajić,
MrD. Spielmann,
MrS.E. Jebens, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 24 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 Ljudevit Glasl, is a Croatian national who was born in 1923 and lives in Zagreb. He is represented before the Court by Ms Lj. Nogolica, a lawyer practising in Zagreb. The respondent Government are represented by their Agent, Ms Š. Stažnik.
The facts of the case, as submitted by the parties, may be summarised as follows.
In 1995 the applicant instituted civil proceedings in the Zagreb Municipal Court (Općinski sud u Zagrebu) seeking payment of money. On 14 November 2003 the court gave judgment accepting the applicant’s claim.
The respondents appealed against the judgment. No court decision in respect of their appeal has been given so far.
Meanwhile, in February 2002 the applicant filed a constitutional complaint concerning the length of the proceedings. On 12 December 2003 the Constitutional Court (Ustavni sud Republike Hrvatske) declared his complaint inadmissible, because the Municipal Court had meanwhile adopted a judgment in his case.
COMPLAINTS
The applicant complains under Article 6 § 1 of the Convention about the length of the proceedings and under Article 13 of the Convention about the lack of an effective remedy in that respect.
THE LAW
On 4 November 2005 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.
By letter of 25 November 2005 the Government informed the Court that they accepted the proposal for a friendly settlement and that the Government would pay the applicant 4,800 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 (Article 39 of the Convention) and considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention. It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols (Article 37 § 1 in fine of the Convention Rule 62 § 3 of the Rules of Court). Accordingly, the application of Article 29 § 3 of the Convention to the case should be discontinued and the case struck out of the list.
For these reasons, the Court unanimously
Decides to discontinue the application of Article 29 § 3 of the Convention;
Decides to strike the application out of its list of cases.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy