FIRST SECTION
DECISION
Application no. 8862/04
by Dubravko PRPIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 5 April 2007 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsN. Vajić,
MrA. Kovler,
MrK. Hajiyev,
MrD. Spielmann,
MrG. Malinverni, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 31 December 2003,
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 Dubravko Prpić, is a Croatian national who lives in Sisak. He was represented before the Court by Mr Z. Kostanjšek, a lawyer practising in Sisak. 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 22 January 1993 a certain company T. brought a civil action against the applicant in the Sisak Municipal Court (Općinski sud u Sisku) seeking payment. On 6 September 1999 the applicant filed a counterclaim (protutužbeni zahtjev).
The court held several hearings.
On 15 March 2004 the applicant filed a constitutional complaint under section 63 (1) of the Constitutional Court Act. On 7 April 2005 the Constitutional Court accepted the applicant’s complaint, finding a violation of the applicant’s constitutional right to a hearing within a reasonable time. It ordered the Sisak Municipal Court to give a decision in the applicant’s case within six months following its publication in the Official Gazette and awarded him compensation in the amount of 5,000 Croatian kunas. The decision was published on 2 May 2005.
It would appear that the proceedings are still pending before the Sisak Municipal Court.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the proceedings.
THE LAW
By letter of 18 December 2006 the applicant’s representative informed the Court that the applicant accepted a proposal for a friendly settlement and 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 the parties had reached a settlement whereby the Government would pay the applicant 5,000 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