Communicated on 4 July 2016
SECOND SECTION
Application no. 13482/15
Radmila TOLIĆ and others
against Croatia
lodged on 11 March 2015
STATEMENT OF FACTS
A list of the applicants is set out in the appendix. The applicants are represented by Ms LJ. Maravić-Pirš, 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.
1. Background of the case
The applicants are owners of flats located in residential buildings in Palinovečka Street in Zagreb (Vrbani III), which were constructed by a private investor between 2005 and 2006.
In May 2006 the sanitary inspectorate in Zagreb found that the water in the buildings did not meet sanitary and health requirements. Nevertheless, the competent office of Zagreb Municipality (Grad Zagreb) issued a permit for the use of the buildings in question, which became final on 26 February 2007.
In September 2007 the applicants received instructions from the sanitary inspectorate that the water in their flats had been contaminated with mineral oils and that it should not be used for any other purpose than to flush the toilet. Subsequent expert reports commissioned in the context of the criminal and civil proceedings instituted by the applicants (see below) confirmed that mineral oils had got into the water supply system of the residential buildings in which the applicants’ flats are located.
2. The criminal proceedings
On 26 October 2007 the applicants lodged a criminal complaint with the Zagreb Municipal State Attorney’s Office (Općinsko državno odvjetništvo u Zagrebu) against the investors I.V. and B.V. and their companies G. d.o.o. and Z. d.o.o.; the supervising engineers D.P. and D.V.; the chief engineer M.V.; and M.S., the head of the competent office of the Zagreb Municipality, who had issued the permit for the use of the buildings. The applicants alleged that it was those people’s responsibility that the water had become contaminated, endangering the health and well-being of a number of people.
Following numerous requests for the proceedings to be speeded up, on 7 October 2008 the Zagreb Municipal State Attorney’s Office informed the applicants that it had asked an investigating judge of the Zagreb County Court (Županijski sud u Zagrebu) to investigate their complaints.
On 29 February 2012 the Zagreb Municipal State Attorney’s Office rejected the applicants’ criminal complaint against I.V., B.V., D.V., M.V., M.S. and the company G. d.o.o. on the grounds that there was nothing to suggest that they had committed a criminal offence. The applicants were informed that they could ask for the opening of an investigation before an investigating judge of the Zagreb County Court. The applicants availed themselves of that possibility but the investigating judge refused to open an investigation owing to a lack of evidence that the suspects had committed an offence.
At the same time, while rejecting the applicants’ criminal complaint, on 29 February 2012 the Zagreb Municipal State Attorney’s Office indicted D.P. and the company Z. d.o.o., as well as four other people to whom the investigation had been extended, in the Zagreb Municipal Criminal Court (Općinski kazneni sud u Zagrebu) on charges of endangering life and property related to the failures to take the necessary measures to prevent mineral oils and acids getting into the water supply system in the applicants’ buildings.
The Zagreb Municipal Criminal Court has not so far opened proceedings in the case at issue.
3. The civil proceedings
On an unspecified date in 2008, the applicants brought a civil action in the Zagreb Municipal Civil Court (Općinski građanski sud u Zagrebu) against G. d.o.o., Z. d.o.o. and C-I d.o.o., seeking damages in connection with the pollution of the water in their buildings.
On 19 September 2013 the Zagreb Municipal Civil Court adopted an interim judgment finding that the applicants’ claim was well-founded but reserving its decision on an award of damages.
The defendants appealed against that judgment to the Zagreb County Court and the proceedings are still pending.
COMPLAINTS
The applicants nos. 1-95 complain under Articles 8 and 13 of the Convention and Article 1 of Protocol No. 1, and the applicant no. 96 under Article 1 of Protocol No. 1 and Article 13 of the Convention, of the lack of an adequate and effective response by the domestic authorities to their allegations that they were exposed to serious environmental danger for several years, related to the pollution of the water in the residential buildings in which their flats are located.
QUESTIONS TO THE PARTIES
1. With regard to the applicants nos. 1-95, has there been a violation of the right to respect for their home or private and family life in the present case, contrary to Article 8 of the Convention?
2. Has there been a violation of the applicants’ (nos. 1-95 and no. 96) right to the peaceful enjoyment of their possessions, contrary to Article 1 of Protocol No. 1?
3. Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 8 of the Convention and Article 1 of Protocol No. 1 respectively, as required by Article 13 of the Convention?
The Government are invited to submit copies of all relevant documents concerning the applicants’ case.
Appendix
Radmila TOLIĆ is a Croatian national who was born in 1966 and lives in Zagreb. Kornelija ACCAR is a Croatian national who was born in 1972 and lives in Zagreb. Zoran ARAMBAŠIĆ is a Croatian national who was born in 1972 and lives in Zagreb. Anita BARAĆ MUTAK is a Croatian national who was born in 1974 and lives in Zagreb. Eduard BATINIĆ is a Croatian national who was born in 1967 and lives in Zagreb. Gordana BATINIĆ is a Croatian national who was born in 1973 and lives in Zagreb. Vedran BELANČIĆ is a Croatian national who was born in 1973 and lives in Zagreb. Ana BILIĆ is a Croatian national who was born in 1999 and lives in Zagreb. Ljubomir BILIĆ is a Croatian national who was born in 1966 and lives in Zagreb.Lucija BILIĆ is a Croatian national who was born in 1999 and lives in Zagreb.Saša BILIĆ is a Croatian national who was born in 1972 and lives in Zagreb.Anka BILIĆ KESEROVIĆ is a Croatian national who was born in 1972 and lives in Zagreb.Darko BIŠĆAN is a Croatian national who was born in 1969 and lives in Zagreb.Đurđa BLAGOJEVIĆ is a Croatian national who was born in 1939 and lives in Zagreb.Mirko BLAGOJEVIĆ is a Croatian national who was born in 1937 and lives in Zagreb.Robert BOŠKOVIĆ ŽARAK is a Croatian national who was born in 1977 and lives in Zagreb.Karmen BRADVICA-MAROHNIĆ is a Croatian national who was born in 1977 and lives in Zagreb.Darko CAVALLI is a Croatian national who was born in 1964 and lives in Zagreb.Đurđica CAVALLI is a Croatian national who was born in 1967 and lives in Zagreb.Boris ĆEVID is a Croatian national who was born in 1975 and lives in Zagreb.Ines ĆEVID is a Croatian national who was born in 1976 and lives in Zagreb.Ante ČIZMIĆ is a Croatian national who was born in 1958 and lives in Zagreb.Jasna CVETKOVIĆ LAY is a Croatian national who was born in 1958 and lives in Zagreb.Gordana DADIĆ is a Croatian national who was born in 1956 and lives in Zagreb.Marin DAJNOVIĆ is a Croatian national who was born in 1971 and lives in Zagreb.Milica DOKIĆ is a Croatian national who was born in 1953 and lives in Zagreb.Petra DRAŠKIĆ is a Croatian national who was born in 1985 and lives in Zagreb.Zrinka DRAŠKIĆ is a Croatian national who was born in 1988 and lives in Zagreb.Marko DUJMIĆ is a Croatian national who was born in 1975 and lives in Zagreb.Robert EREŠ is a Croatian national who was born in 1969 and lives in Zagreb.Borislav FAITH is a Croatian national who was born in 1966 and lives in Zagreb.Štefica GABERŠEK is a Croatian national who was born in 1975 and lives in Zagreb.Matea GAJSKI is a Croatian national who was born in 1986 and lives in Zagreb.Romano GALIĆ is a Croatian national who was born in 1959 and lives in Zagreb.Vlatko GRGURIĆ is a Croatian national who was born in 1968 and lives in Zagreb.Saša GRUBAČIĆ is a Croatian national who was born in 1963 and lives in Zagreb.Dalibor GRUIČIĆ is a Croatian national who was born in 1977 and lives in Zagreb.Vladimir HERCEG is a Croatian national who was born in 1961 and lives in Zagreb.Marica HODAK MIHELIĆ is a Croatian national who was born in 1973 and lives in Zagreb.Adela JELINEK BIŠĆAN is a Croatian national who was born in 1976 and lives in Zagreb.Sabina JOVIĆ is a Croatian national who was born in 1975 and lives in Zagreb.Saša JOVIĆ is a Croatian national who was born in 1976 and lives in Zagreb.Vedran JURIĆ is a Croatian national who was born in 1980 and lives in Zagreb.Borna KESEROVIĆ is a Croatian national who was born in 1973 and lives in Zagreb.Vesna KLARICA is a Croatian national who was born in 1968 and lives in Zagreb.Aleksandar KLETEČKI is a Croatian national who was born in 1960 and lives in Zagreb.Spomenka KLETEČKI is a Croatian national who was born in 1962 and lives in Zagreb.Dragica KLOBUČAR is a Croatian national who was born in 1955 and lives in Zagreb.Drago KLOBUČAR is a Croatian national who was born in 1955 and lives in Zagreb.Ljiljana KOZOMARA is a Croatian national who was born in 1970 and lives in Zagreb.Miroslav KOZOMARA is a Croatian national who was born in 1969 and lives in Zagreb.Jasna KRPANEC BILIĆ is a Croatian national who was born in 1972 and lives in Zagreb.Mislav KRŠULOVIĆ is a Croatian national who was born in 1979 and lives in Zagreb.Tomislav KUNŠTEK is a Croatian national who was born in 1965 and lives in Zagreb.Nataša LEDIĆ GRGURIĆ is a Croatian national who was born in 1965 and lives in Zagreb.Petra LJEVAK is a Croatian national who was born in 1979 and lives in Zagreb.Melita MAGANIĆ is a Croatian national who was born in 1972 and lives in Zagreb.Nataša MANOJLOVIĆ is a Croatian national who was born in 1977 and lives in Zagreb.Katarina MARASOVIĆ is a Croatian national who was born in 1972 and lives in Zagreb.Lukša MARASOVIĆ is a Croatian national who was born in 1972 and lives in Zagreb.Jasna MARIĆ KRAJAČIĆ is a Croatian national who was born in 1969 and lives in Zagreb.Mara MARKOTA is a Croatian national who was born in 1935 and lives in Zagreb.Anita MARKOTA ŠTRIGA is a Croatian national who was born in 1972 and lives in Zagreb.Viktor MAROHNIĆ is a Croatian national who was born in 1975 and lives in Zagreb.Ljiljana MEŠTROVIĆ MORO is a Croatian national who was born in 1956 and lives in Zagreb.Sandra MIKULČIĆ is a Croatian national who was born in 1976 and lives in Zagreb.Marijana MOLNAR is a Croatian national who was born in 1955 and lives in Zagreb.Miroslav MUTAK is a Croatian national who was born in 1971 and lives in Zagreb.Irena OLUJIĆ is a Croatian national who was born in 1969 and lives in Zagreb.Petar OLUJIĆ is a Croatian national who was born in 1960 and lives in Zagreb.Srećko OSOJNIK is a Croatian national who was born in 1970 and lives in Zagreb.Drago PLANINIĆ is a Croatian national who was born in 1947 and lives in Zagreb.Vladimir PLOH is a Croatian national who was born in 1977 and lives in Zagreb.Ivana PODNAR ŽARKO is a Croatian national who was born in 1973 and lives in Zagreb.Slaven RADOVANČEVIĆ is a Croatian national who was born in 1974 and lives in Zagreb.Marijo RAKIĆ is a Croatian national who was born in 1969 and lives in Zagreb.Valentina ŠAKIĆ is a Croatian national who was born in 1978 and lives in Zagreb.Rosana ŠAŠIĆ is a Croatian national who was born in 1966 and lives in Zagreb.Dražen ŠEVO is a Croatian national who was born in 1973 and lives in Zagreb.Sanela ŠEVO is a Croatian national who was born in 1969 and lives in Zagreb.Goran SOKOL is a Croatian national who was born in 1973 and lives in Zagreb.Tanja SOLOMUN GALIĆ is a Croatian national who was born in 1967 and lives in Zagreb.Ivica ŠOŠIĆ is a Croatian national who was born in 1949 and lives in Zagreb.Irena ŠPEKULJAK ORLOV is a Croatian national who was born in 1979 and lives in Zagreb.Krunoslav ŠTRIGA is a Croatian national who was born in 1973 and lives in Zagreb.Danijela THÜR is a Croatian national who was born in 1971 and lives in Zagreb.Viliem THÜR is a Croatian national who was born in 1968 and lives in Zagreb.Ivan TRLIN is a Croatian national who was born in 1980 and lives in Zagreb.Borislav VARIVODA is a Croatian national who was born in 1974 and lives in Zagreb.Vlatka VRDOLJAK is a Croatian national who was born in 1970 and lives in Zagreb.Dubravka VUKOVIĆ is a Croatian national who was born in 1958 and lives in Zagreb.Bruno VULETIĆ is a Croatian national who was born in 1964 and lives in Zagreb.Ian Igor ZAGRECKI is a Croatian national who was born in 1975 and lives in Zagreb.Tomica ZAJEC is a Croatian national who was born in 1967 nand lives in Zagreb.Damir ŽARKO is a Croatian national who was born in 1972 and lives in Zagreb.ZZ d.o.o. is a company registered in Croatia.
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