FIRST SECTION
DECISION
Application no. 38277/02
by Vlado KLASNIĆ
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,
MrA. Kovler,
MrsE. Steiner,
MrS.E. Jebens,
MrG. Malinverni, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 25 September 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 Vlado Klasnić, is a Croatian national who was born in 1970 and lives in Zagreb. He was represented before the Court by Mr B. Kordić, a lawyer practising in Sesvete. The Croatian Government (“the Government”) were 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.
While being a member of the Croatian army, on 12 August 1994 the applicant was injured by a vehicle driven by another soldier.
The applicant instituted civil proceedings before the Velika Gorica Municipal Court (Općinski sud u Velikoj Gorici) on 30 October 1997, seeking damages in respect of the above incident from the Republic of Croatia.
On 6 November 1999 Parliament introduced an amendment to the Civil Obligations Act (Zakon o obveznim odnosima) which provided that all proceedings concerning actions for damages resulting from acts of members of the Croatian army and police when acting in their official capacity during the homeland war in Croatia were to be stayed.
The Velika Gorica Municipal Court stayed the proceedings on 4 September 2000.
On 14 July 2003 Parliament passed the Act on liability of the Republic of Croatia for damage caused by members of the Croatian army and police when acting in their official capacity during the homeland war (Zakon o odgovornosti Republike Hrvatske za štetu uzrokovanu od pripadnika hrvatskih oružanih i redarstvenih snaga tijekom Domovinskog rata, Official Gazette no. 117/2003 of 23 July 2003,).
Meanwhile, the applicant filed a constitutional complaint about the length of proceedings and his right of access to a court. On 13 October 2004 the Constitutional court accepted the complaint, awarded the applicant compensation in the amount of Croatian Kunas (HRK) 4,400 and also ordered the Municipal Court to decide the applicant’s case within a year following the publication of the decision in the Official Gazette.
COMPLAINT
The applicant complained that Parliament’s enactment of the 1999 legislation had interfered with his right of access to a court within the meaning of Article 6 § 1 of the Convention.
THE LAW
By letter of 28 November 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