FIRST SECTION
DECISION
Application no. 4849/06
by Viktorija KLAUSHOFER ISIS
against Croatia
The European Court of Human Rights (First Section), sitting on 27 September 2007 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsN. Vajić,
MrA. Kovler,
MrsE. Steiner,
MrK. Hajiyev,
MrD. Spielmann, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 10 January 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, Mrs Viktorija Klaushofer Isis, is a Croatian national who was born in 1944 and lives in Morfelden-Walldorf, Germany. She was represented before the Court by Mrs B. Mandić, 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.
On 19 April 2000 the applicant brought a civil action for disturbance of possession in the Zagreb Municipal Court (Općinski sud u Zagrebu) against a certain Lj.M. and M.M.
On 1 April 2005 the Municipal Court gave a decision ruling against the applicant. On 21 April 2005 she appealed to the Zagreb County Court (Županijski sud u Zagrebu). It appears that the proceedings are currently pending before that court.
Meanwhile, on 14 July 2004 the applicant lodged a constitutional complaint about the length of the above proceedings. On 7 July 2005 the Constitutional Court dismissed her complaint finding that her constitutional right to a hearing within a reasonable time had not been violated.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the above civil proceedings.
THE LAW
By letter of 20 June 2007 the applicant informed the Court that she accepted a proposal for a friendly settlement and waived any further claims against Croatia in respect of the facts of the present application.
On 27 June 2007 the Government informed the Court that the parties had reached a settlement whereby the Government would pay the applicant 4,600 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). 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