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Datum rozhodnutí
6.10.2022
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FIRST SECTION

DECISION

Application no. 1713/22
Slobodan TRBOVIĆ against Croatia
and 4 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 6 October 2022 as a Committee composed of:

Krzysztof Wojtyczek, President,

Erik Wennerström,

Lorraine Schembri Orland, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants and their representatives is set out in the appended table.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Croatian Government (“the Government”). In one of the applications, a complaint based on the same facts was also communicated under another provision of the Convention.

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Croatia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the abovementioned three-month period, the Government undertake to pay simple interest on them, 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 cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 27 October 2022.

Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President



APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

No.

Application no.
Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Other complaints under well-established case-law

Date of receipt of Government’s declaration

Date of receipt of the applicant’s declaration

Amount awarded for non-pecuniary damage

per applicant

/ household

(in euros)[1]

Amount awarded for costs and expenses per application

(in euros)[2]

1713/22

28/12/2021

Slobodan TRBOVIĆ

1951

Serdar Franjo

Zagreb

12/09/2022

25/07/2022

2,000

250

4423/22

14/01/2022

Household

Mirjana ZOREC

1996

Gordan GRBAC

1963

Vladika Vlado

Rijeka

12/09/2022

21/04/2022

3,000

250

7691/22

31/01/2022

Milan RAPAIĆ

1950

Pribanić Danijel

Zagreb

12/09/2022

06/09/2022

1,600

250

11496/22

22/02/2022

Dinko BAŽADONA

1955

Radobuljac Silvano

Zagreb

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings

12/09/2022

24/06/2022

3,000

250

13199/22

01/03/2022

Robin KIŠMARTIN

1980

Horvat Lidija

Zagreb

12/09/2022

13/04/2022

3,000

250


[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.