Communicated on 30 March 2016
SECOND SECTION
Application no. 41902/15
Bruno SVEČAK and others
against Croatia
lodged on 18 August 2015
STATEMENT OF FACTS
The applicants are all Croatian nationals. The first applicant, Mr Bruno Svečak, was born in 1979, the second applicant, Mr Ivan Svečak, was born in 1957, and the third applicant, Ms Vesna Svečak, was born in 1963. The applicants live in Vrbovec and are represented by Ms B. Musulin, a lawyer practising in Zagreb.
The circumstances of the case
The facts of the case, as submitted by the applicants, may be summarised as follows.
On 7 October 2004 the first applicant’s brother and the second and third applicants’ son died in a car accident involving an unidentified vehicle.
On 7 November 2005 the applicants instituted civil proceedings for damages before the Zagreb Municipal Civil Court (Općinski građanski sud u Zagrebu) against the Croatian Insurance Bureau (Hrvatski ured za osiguranje), a private entity that acts as an association of insurance companies in Croatia in cases of road traffic accidents involving unidentified vehicles. The applicants sought compensation for non-pecuniary damage in the amount of 222,000 Croatian kunas (HRK; approximately EUR 30,000) and claimed costs and expenses of the proceedings in the amount of HRK 44,497.21 (approximately EUR 6,000), together with statutory default interest.
On 9 June 2009 the Zagreb Municipal Civil Court dismissed the applicants’ civil action on the grounds that the road accident had occurred because their relative had been drunk. On the basis of the “loser pays” rule, the court awarded the Croatian Insurance Bureau HRK 57,252 (approximately EUR 7,800) for the costs and expenses of the proceedings.
The applicants challenged that judgment by lodging an appeal before the Zagreb County Court (Županijski sud u Zagrebu).
On 25 January 2011 the Zagreb County Court dismissed the applicants’ appeal, but reduced the amount of the award for costs and expenses of the proceedings to HRK 36,600 (approximately EUR 4,900).
The applicants then lodged an appeal on points of law before the Supreme Court (Vrhovni sud Republike Hrvatske). On 27 May 2014 the Supreme Court dismissed their appeal on points of law as unfounded, upholding the judgment of the Zagreb County Court.
On 2 December 2014 the applicants lodged a constitutional complaint before the Constitutional Court (Ustavni sud Republike Hrvatske) arguing, inter alia, that the excessive award for costs and expenses of the proceedings had disproportionately restricted their right of access to a court.
On 19 February 2015 the Constitutional Court declared the applicants’ constitutional complaint inadmissible as manifestly ill-founded.
COMPLAINT
The applicants complain, under Article 6 § 1 of the Convention, that their right to a court was restricted on account of the excessive award of costs and expenses of the proceedings to their opponent.
QUESTION TO THE PARTIES
Has there been a disproportionate restriction on the applicants’ right of access to a court on account of the allegedly excessive award of costs of the proceedings to their opponent (see Klauz v. Croatia, no. 28963/10, 18 July 2013)?
The Government are requested to provide two copies of all relevant documents in the applicants’ case.
Appendix
Bruno SVEČAK born on 25/12/1979 is a Croatian national who lives in Vrbovec and is represented by B.MUSULIN Ivan SVEČAK born on 02/01/1957 is a Croatian national who lives in Vrbovec and is represented by B.MUSULIN Vesna SVEČAK born on 24/01/1963 is a Croatian national who lives in Vrbovec and is represented by B.MUSULIN
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