European Court of Human Rights

FIRST SECTION

DECISION

Application no. 23980/07
by Vjera ČESNIK
against Croatia

The European Court of Human Rights (First Section), sitting on 2 April 2009 as a Chamber composed of:

Christos Rozakis, President,
Nina Vajić,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,

Having regard to the above application lodged on 4 April 2007,

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Vjera Česnik, is a Croatian national who was born in 1918 and lives 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.

On 8 June 1998 the applicant applied for the enforcement of a final judgment of the Biograd na Moru Municipal Court (Općinski sud u Biogradu na Moru) ordering a division of property between the applicant and third persons. An enforcement order to that effect was issued on 25 June 1998.

On 9 September 2004 the applicant lodged a constitutional complaint about the length of the proceedings. On 4 April 2006 the Constitutional Court found a violation of the applicant’s right to a hearing within a reasonable time. It awarded her 7,800 Croatian kunas (HRK) in compensation, and also ordered the Biograd na Moru Municipal Court to determine the civil dispute relating to the enforcement proceedings in question in the shortest time possible but no later than six months after the publication of the decision of the Constitutional Court in the Official Gazette. It also ordered the same court to conclude the enforcement proceedings in the shortest time possible but no later than six months after the above decision in the civil proceedings became final.

The Constitutional Court’s decision was published in the Official Gazette of 26 May 2006, so the six-month period concerning the pending civil proceedings expired on 26 November 2006.

It appears that the enforcement proceedings are still pending.

COMPLAINTS

The applicant complained under Article 6 § 1 and Article 13 of the Convention about the length of the proceedings and the lack of an effective remedy in that respect.

THE LAW

On 11 February 2009 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 4,700 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 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 3 March 2009 the Court received the following declaration from the Government:

“I declare that the Government of Croatia offer to pay ex gratia 4,700 euros to Ms Vjera Česnik 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.

For these reasons, the Court unanimously

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

Søren Nielsen Christos Rozakis
Registrar President