FIRST SECTION
DECISION
Application no. 34430/07
by Damir KOVAČIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 12 March 2009 as a Chamber composed of:
Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Khanlar Hajiyev,
Dean Spielmann,
Giorgio Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 27 June 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Damir Kovačić, is a Croatian national who was born in 1973 and lives in Zagreb. He was represented before the Court by Mrs V. Pušić Miličević, 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 21 November 2002 the applicant brought a civil claim against an insurance company in the Zagreb Municipal Court (Općinski sud u Zagrebu), seeking damages in connection with a road accident.
On an unspecified date the applicant complained to the Zagreb County Court (Županijski sud u Zagrebu) about the length of the proceedings. On 2 June 2006 the applicant's complaint was dismissed. However, on an appeal lodged by the applicant, on 27 December 2006 the Supreme Court (Vrhovni sud Republike Hrvatske) accepted his complaint and found a violation of his right to a trial within a reasonable time. It awarded the applicant 4,500 Croatian kuna (HRK) in compensation and also ordered the Zagreb Municipal Court to decide the case in the shortest time possible but no later than three months after the decision of the Supreme Court had been served on it.
On 21 January 2008 a judgment of the Zagreb Municipal Court was served on the applicant's counsel, who lodged an appeal. The proceedings are at present pending before the Zagreb County Court as the appellate court.
COMPLAINTS
The applicant complained under Article 6 § 1 and Article 13 of the Convention about the length of the proceedings and the lack of an effective remedy in that respect.
THE LAW
On 20 January 2009 the Court received the following declaration signed by the applicant:
“I note that the Government of Croatia are prepared to pay ex gratia the sum of 2,700 euros to Mr Damir Kovačić with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Having consulted my client, I would inform you that he accepts the proposal and waives any further claims against Croatia in respect of the facts giving rise to this application. He declares that this constitutes a final resolution of the case.”
On 3 February 2009 the Court received the following declaration from the Government:
“I declare that the Government of Croatia offer to pay ex gratia 2,700 euros to Mr Damir Kovačić with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.”
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, the case 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