SECOND SECTION
DECISION
Application no. 14459/22
Niko IVANKOVIĆ
against Croatia
(see appended table)
The European Court of Human Rights (Second Section), sitting on 24 November 2022 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 14 March 2022,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr J. Giljanović, a lawyer practising in Split.
The applicant’s complaint under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings was communicated to the Croatian Government (“the Government”).
THE LAW
After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by that complaint. They further requested the Court to strike out the application in accordance with Article 37 of the Convention
The Government acknowledged that there had been a violation of the applicant’s right under Article 6 § 1 of the Convention. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above‑mentioned three-month period, the Government undertook to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the case.
By a letter of 3 November 2022, the applicant indicated that he was not satisfied with the terms of the unilateral declaration on the ground that the amount offered did not take into account the costs of a constitutional complaint and was insufficient to cover the costs of the proceedings before the Court.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
The Court has established clear and extensive case-law concerning complaints relating to the excessive length of civil proceedings (see, for example, Kirinčić and Others v. Croatia, no. 31386/17, 30 July 2020, and Mirjana Marić v. Croatia, no. 9849/15, 30 July 2020).
Noting the admissions contained in the Government’s declaration as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the case out of the list.
Rule 43 § 4 of the Rules of Court provides that when an application has been struck out in accordance with Article 37 of the Convention the Court has the discretion to award costs. The general principles governing reimbursement of costs under Rule 43 § 4 are essentially the same as under Article 41 of the Convention (see, for example, Union of Jehovah’s Witnesses and Others v. Georgia (dec.), no. 72874/01, 21 April 2015). Regard being had to the documents in its possession and to its case-law, the Court in the present case considers it reasonable to award the applicant 830 euros (EUR) in respect of the costs and expenses, plus any tax that may be chargeable to him.
For these reasons, the Court, unanimously,
Takes note of the terms of the respondent Government’s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Holds,
(a) that the respondent State is to pay the applicant, within three months, EUR 830 (eight hundred and thirty euros) in respect of costs and expenses, to be converted into Croatian kunas, at the rate applicable at the date of settlement, plus any tax that may be chargeable to him,
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English and notified in writing on 15 December 2022.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of the Government’s declaration
Date of receipt of the applicant’s comments
Amount awarded for non-pecuniary damage and costs and expenses
under the Government’s unilateral declaration
(in euros)[1]
Amount awarded by the Court for costs and expenses
(in euros) [2]
14459/22
14/03/2022
Niko IVANKOVIĆ
1990
Giljanović Josip
Split
27/10/2022
03/11/2022
2,025
830
[1] Plus any tax that may be chargeable to the applicant
[2] Plus any tax that may be chargeable to the applicant