FIRST SECTION
DECISION
Application no. 44150/06
by Anica OČIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 6 March 2008 as a Chamber composed of:
Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 3 October 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 Anica Očić, is a Croatian national who was born in 1931 and lives in Zagreb. She was represented before the Court by Mr K. Miličić, 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.
1. Inheritance proceedings
As of January 2001 the applicant has been a party to inheritance proceedings instituted ex officio in 1982 before the Zagreb Municipal Court (Općinski sud u Zagrebu). Since during the proceedings a dispute arose over certain preliminary issues, in July 2001 the Municipal Court instructed the parties to institute separate civil proceedings with a view to resolving that dispute. The inheritance proceedings were stayed pending the outcome of those civil proceedings.
2. Civil proceedings nos. P-11564/01 and P-12363/01
In accordance with the court’s instruction, on 22 October 2001 D.H., S.H.Š. and Z.H.B. – parties to the above inheritance proceedings – brought an action against the applicant in the Zagreb Municipal Court. On 13 November 2001 the applicant brought a separate action against them in the same court. It would appear that both proceedings are still pending.
3. The proceedings before the Constitutional Court
On 20 October 2004 the applicant lodged a constitutional complaint complaining about the length of the above three sets of proceedings.
The applicant submitted that the Constitutional Court (Ustavni sud Republike Hrvatske) had however examined her complaint, and on 5 April 2006 found a violation of her constitutional right to a hearing within a reasonable time, only in respect of the proceedings no. P -12363/01. It awarded her 2,600 Croatian kunas (HRK) in compensation and ordered the Zagreb Municipal Court to give a decision in the case in the shortest time possible but no later than six months following the publication of its decision in the Official Gazette. The Constitutional Court’s decision was published on 26 May 2006.
The Government however submitted that the Constitutional Court had as well examined the applicant’s constitutional complaint, and on 11 July 2007 found a violation of her right to a hearing within a reasonable time, in respect of the remaining two proceedings complained of. It awarded her HRK 8,500 in compensation and ordered the Zagreb Municipal Court to give a decision in those cases in the shortest time possible but no later than six months following the publication of its decision in the Official Gazette. The Constitutional Court’s decision was published on 20 August 2007.
COMPLAINTS
1. The applicant complained under Article 6 § 1 of the Convention about the length of the above three sets of proceedings.
2. The applicant also complained under Article 13 of the Convention, taken in conjunction with Article 6 § 1 thereof, that she had not had an effective remedy for her length complaints because the Constitutional Court had not decided on the length of the inheritance proceedings and the civil proceedings no. P -11564/01. Moreover, the Zagreb Municipal Court had failed to deliver a decision in the civil proceedings no. P -12363/01 within the time-limit set forth by the Constitutional Court.
THE LAW
By letter of 21 December 2007 the applicant’s representative 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 4 January 2008 the Government informed the Court that the parties had reached a settlement whereby the Government would pay the applicant 4,500 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). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and to strike the case 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