FIRST SECTION
DECISION
Application no. 7261/05
by Aleksandra STOJIĆ and Dragan STOJIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 31 May 2007 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsN. Vajić,
MrK. Hajiyev,
MrD. Spielmann,
MrS.E. Jebens,
MrG. Malinverni, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 9 February 2005,
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 applicants, Ms Aleksandra Stojić and Mr Dragan Stojić, are Slovenian and Croatian nationals who were born in 1938 and 1933 respectively and live in Zagreb. The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
The facts of the case, as submitted by the parties, may be summarised as follows.
In 1996 a certain D.Č. ordered that her old and ruined house in Pakoštane, Croatia, as well as the applicants’ house, situated right next to hers, be demolished.
On 19 June 1997 the applicants filed a civil action for damages against D.Č., with the Biograd na moru Municipal Court (Općinski sud u Biogradu na moru).
Meanwhile, on 28 July 2003 the applicants lodged a constitutional complaint with the Constitutional Court (Ustavni sud Republike Hrvatske) complaining about the length of the above proceedings. On 1 July 2004 the Constitutional Court awarded each applicant 6,600 Croatian kunas (HRK) in compensation and ordered the Biograd na moru Municipal Court to adopt its decision no later than six months from the publication of the decision in the Official Gazette.
In its judgment of 17 October 2005, upheld by the Zadar County Court on 1 February 2007, the Municipal Court dismissed the applicant’s claim.
COMPLAINTS
1. The applicants complained under Article 6 § 1 of the Convention about the length of the proceedings.
2. The applicants also complained that the Constitutional Court’s decision had not been complied with.
3. The applicants further complained under Article 1 of Protocol No. 1 about demolition of their house.
THE LAW
By letter of 20 April 2007 the Government informed the Court that they accepted the proposal for a friendly settlement and that the Government would pay the applicants jointly 8,800 euros in full and final settlement of their claim under the Convention, costs and expenses included.
By letter of 27 April 2007 the applicants informed the Court that they had accepted the proposal for a friendly settlement whereby the applicants waived any further claims against Croatia in respect of the facts of the present application.
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, 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