FIRST SECTION
Application no. 11239/11
Barica MOMČILOVIĆ and others
against Croatia
lodged on 22 December 2010
STATEMENT OF FACTS
The applicants, Ms Barica Momčilović, Mr Nikola Momčilović and Mr Darko Momčilović, are Croatian nationals, who were born in 1938 and 1963 respectively, and live in Karlovac. They are represented before the Court by Ms L. Kušan, a lawyer practising in Ivanić Grad.
The circumstances of the case
The facts of the case, as submitted by the applicants, may be summarised as follows.
On 5 March 1998 the applicants brought a civil action in the Zagreb Municipal Court, seeking compensation against the State in connection with the killing of their son, allegedly by a Croatian soldier.
Before that, they submitted a request with the State Attorney’s Office to settle the claim, as required under the relevant rules of procedure. The request was, however, declined.
Owing to the failure of the applicants’ representative to appear at several hearings, on 14 March 2003 the Zagreb Municipal Court issued a decision that the claim had been withdrawn.
On 9 May 2005 the applicants brought the same claim again before the Karlovac Municipal Court which in the meantime became competent in the case. On 17 March 2010 the claim was declared inadmissible on the ground that the applicants had failed to firstly attempt to settle the case through the competent State Attorney’s Office.
This decision was upheld by the Karlovac County Court and the Constitutional Court on 29 July 2010 and 23 March 2011 respectively.
COMPLAINT
The applicants complain under Article 6 § 1 of the Convention that their right of access to a court as regards their claim for compensation against the State was hindered by the decisions adopted by the national courts.
QUESTION TO THE PARTIES
Did the applicants have a fair hearing in the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention?
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