Published on 28 March 2022
FIRST SECTION
Application no. 39852/20
Zvonko STOJEVIĆ
against Croatia
lodged on 31 August 2020
communicated on 10 March 2022
SUBJECT MATTER OF THE CASE
The present case is similar to the cases of Boljević v. Croatia (no. 43492/11, 31 January 2017) and Imeri v. Croatia, (no. 77668/14, 24 June 2021) and it concerns the confiscation (as an additional sanction to the fine imposed) of 100,000 euros, which is the entire amount of money the applicant failed to declare to the Croatian customs authorities when exiting Croatia.
QUESTION TO THE PARTIES
Was the confiscation of the entire amount which the applicant did not declare to the Croatian customs authorities lawful and necessary to control the use of property in accordance with the general interest, within the meaning of Article 1 of Protocol No. 1 to the Convention? In particular, in the circumstances of the present case did that measure strike the requisite fair balance between the demands of the general interest and the requirements of the protection of the applicant’s right of property, and did it impose a disproportionate and excessive burden on him, regard being had in particular to the severity of the sanction (see, for example, Gabrić v. Croatia, no. 9702/04, 5 February 2009; Boljević v. Croatia, no. 43492/11, 31 January 2017; and Imeri v. Croatia, no. 77668/14, 24 June 2021)?