European Court of Human Rights

FIRST SECTION

DECISION

Application no. 18012/07
by Marija Elisabete HAHN
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 March 2007,

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Mrs Marija Elisabete Hahn, is a Croatian national who was born in 1940 and lives in Vis. 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.

On 6 February 1997 the applicant brought a civil action against the State in the Zagreb municipal Court (Općinski sud u Zagrebu), seeking compensation in connection with her forced deportation from Germany, allegedly with the approval and assistance of the Croatian authorities.

On 10 September 2004 the applicant lodged a constitutional complaint with the Constitutional Court (Ustavni sud Republike Hrvatske) complaining about the length of the above proceedings. On 1 December 2005 the Constitutional Court found a violation of the applicant's constitutional right to a hearing within a reasonable time, awarded her 7,800 Croatian kunas (HRK) in compensation and ordered the Municipal Court to decide the case in the shortest time possible but no later than eight months from the publication of the decision in the Official Gazette. The Constitutional Court's decision was published on 19 December 2005.

It appears that the Municipal Court failed to comply with the Constitutional Court's order and that the proceedings are still pending.

COMPLAINTS

The applicant complained under Article 6 § 1 of the Convention about the length of the proceedings.

She also complained that the Constitutional Court's order that the Split Municipal Court deliver a decision in the shortest time possible but no later then six months after the publication of the decision in the Official Gazette, had remained ineffective.

THE LAW

On 23 June 2008 the Court received the following declaration signed by the applicant:

“I note that the Government of Croatia are prepared to pay me ex gratia the sum of 2,520 euros 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 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 July 2008 the Court received the following declaration from the Government:

“I declare that the Government of Croatia offer to pay ex gratia 2,520 euros to Mrs Marija Elisabete Hahn 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 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