Communicated on 27 November 2017
FIRST SECTION
Application no. 63535/16
Goran KAMENJAŠEVIĆ
against Croatia
lodged on 26 October 2016
SUBJECT MATTER OF THE CASE
The present case is a follow-up case to the judgment adopted in the leading case of Žaja v. Croatia (no. 37462/09, 4 October 2016) where the Court found a violation of Article 7 of the Convention on account of diverging interpretations by the domestic authorities of the notion of residence in Article 5 of Annex C to the Istanbul Convention on Temporary Admission. The applicant complains, under Article 1 of Protocol No. 1 to the Convention, that in the administrative proceedings he was ordered to pay the taxes due on the importation of motor vehicles because the customs authorities wrongly interpreted Article 5 of Annex C to the Istanbul Convention, thereby violating his right to peaceful enjoyment of his possessions.
QUESTIONS tO THE PARTIES
Has there been a violation of the applicant’s right to the peaceful enjoyment of his possessions, guaranteed by Article 1 of Protocol No. 1 to the Convention? In particular, was the interference with the applicant’s right to the peaceful enjoyment of his possessions foreseeable (see, mutatis mutandis, Žaja v. Croatia, no. 37462/09, §§ 93-105, 4 October 2016)?
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