European Court of Human Rights

FIRST SECTION

DECISION

Application no. 39759/08
by Eva TADIJANOVIĆ
against Croatia

The European Court of Human Rights (First Section), sitting on 11 June 2009 as a Chamber composed of:

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

Having regard to the above application lodged on 8 July 2008,

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Eva Tadijanović, is a Croatian national who was born in 1939 and lives in Zagreb. The Croatian Government (“the Government”) are represented by their Agent, Mrs Š. StaZnik.

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

On 16 December 1985 the applicant brought a civil action in the Zagreb municipal Court (Općinski sud u Zagrebu), seeking damages from her neighbour. On 13 November 1995 the claim was dismissed and this judgment was quashed the Zagreb County Court (Zupanijski sud u Zagrebu) on 15 December 1998.

On 15 March 2005 the applicant lodged a constitutional complaint about the length of proceedings. On 8 May 2007 the Constitutional Court (Ustavni sud Republike Hrvatske) found a violation of the applicant’s right to a hearing within a reasonable time. It awarded her compensation in the amount of 12,500 Croatian kunas (HRK), and also ordered the Zagreb Municipal Court to decide the case in the shortest time possible but no later than ten months after the publication of its decision in the Official Gazette. The Constitutional Court’s decision was published in the Official Gazette no. 55 of 30 May 2007.

It appears that the proceedings are still pending before the Zagreb Municipal Court.

COMPLAINTS

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

Without relying on any provisions of the Convention or its Protocols, the applicant complained that the Constitutional Court’s order that the Zagreb Municipal Court deliver a decision in the shortest time possible, but no later then ten months, had remained ineffective.

THE LAW

By letter dated 8 May 2009 the applicant informed the Court that she wanted to withdraw the application.

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court unanimously

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

André Wampach Christos Rozakis
Deputy Registrar President