European Court of Human Rights

FIRST SECTION

DECISION

Application no. 22047/07
by Marko KARANOVIĆ
against Croatia

The European Court of Human Rights (First Section), sitting on 9 October 2008 as a Chamber composed of:

Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and Søren Nielsen, Section Registrar,

Having regard to the above application lodged on 12 April 2007,

Having regard to the formal declarations accepting a friendly settlement of the case.

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Marko Karanović, is a Croatian national who was born in 1939 and lives in Kistanje. He was represented before the Court by Mr T Vukičević, a lawyer practising in Split. The Croatian Government (“the Government”) were represented by their Agent, Mrs Š. StaZnik.

The facts of the case, as submitted by the parties, may be summarised as follows.

The applicant is the owner of two adjacent houses situated in Kistanje where he had been living until 5 August 1995 when he left Croatia. On 5 August 1996 the Kistanje Municipality Commission authorised two persons to temporarily occupy the applicant's houses.

On an unspecified date the applicant brought a civil action in the Knin Municipal Court (Općinski sud u Kninu) against both occupiers, seeking their eviction. The claim was granted on 31 January 2002 on the condition that an alternative accommodation be secured to the occupiers. The applicant brought a further civil action in the same court against the State seeking compensation for the inability to use his property in the period form 2 September 1998 to 5 June 2003.

One of the houses was returned to the applicant on 5 June 2003 and the other on 24 June 2004.

On 15 July 2004 the Municipal Court gave judgment accepting the applicant's claim in part. It awarded him the amount sought only for the period between 1 November 2002 and 5 June 2003 and also ordered the applicant to pay cost of proceedings. The judgment was upheld by the Šibenik County Court (Općinski sud u Šibeniku) and the Supreme Court (Vrhovni sud Republike Hrvatske) on 17 October 2005 and 11 April 2006 respectively.

COMPLAINTS

The applicant complained under Article 8 of the Convention and Article 1 of Protocol No. 1 thereto that the domestic courts had denied his right to compensation for the inability to use his house in the period from 2 September 1998 to 1 November 2002.

THE LAW

On 28 August 2008 the Court received the following declaration signed by the applicant:

“I note that the Government of Croatia are prepared to pay ex gratia the sum of 19,000 euros to Mr Marko Karanović with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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.

I accept the proposal and waive any further claims against Croatia in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”

On 10 September 2008 the Court received the following declaration from the Government:

“I declare that the Government of Croatia offer to pay ex gratia 19,000 euros to Mr Marko Karanović with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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.”

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). In view of the above, it is appropriate to strike the case out of the list and discontinue the application of Article 29 § 3 of the Convention.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Søren Nielsen Christos Rozakis
Registrar President