Published on 7 April 2026
THIRD SECTION
Application no. 31215/25
SLOGA DOO KAĆ
against Serbia
lodged on 26 September 2025
communicated on 20 March 2026
SUBJECT MATTER OF THE CASE
The applicant company complains about infringement of its property rights as a result of allegedly arbitrary civil proceedings brought against it by the Respondent State.
In 2006 the applicant company acquired ownership of a plot of land, along with the right to use an adjacent plot of publicly owned land, as part of the privatisation process whereby State or collectively owned property was converted into private property. The applicant company’s ownership and right of use were duly registered in the relevant public registry.
In 2009 the Respondent State initiated civil proceedings against the applicant company, seeking to terminate its ownership and right of use, and to recognise the Republic of Serbia as the owner of the land. On 27 February 2019 the Supreme Court of Cassation ruled in favour of the State, transferring ownership of the land plot to the Republic of Serbia. The Constitutional Court subsequently dismissed the applicant company’s constitutional appeal.
The applicant company relies on Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention.
QUESTIONS TO THE PARTIES
1. Did the applicant company have a fair hearing in the determination of its civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, having regard to reasons given by the Serbian courts, were the impugned judgments sufficiently reasoned and free from arbitrariness (see Bochan v. Ukraine (no. 2) [GC], no. 22251/08, §§ 61-65, ECHR 2015, and the authorities cited therein)?
2. Has there been a violation of Article 1 of Protocol No. 1 to the Convention (see Bistrović v. Croatia, no. 25774/05, §§ 32-37, 31 May 2007)?