TUFEGDZIC proti Chorvatsku

FIRST SECTION

DECISION

Application no. 18474/04
by Mladen TUFEGDŽIĆ
against Croatia

The European Court of Human Rights (First Section), sitting on 11 May 2006 as a Chamber composed of:

Mr C.L. Rozakis, President,
Mr L. Loucaides,
Mrs F. Tulkens,
Mrs N. Vajić,
Mr A. Kovler,
Mrs E. Steiner,
Mr K. Hajiyev, judges,

and Mr S. Nielsen, Section Registrar,

Having regard to the above application lodged on 30 March 2004,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Mladen Tufegdžić, is a Croatian national who was born in 1955 and lives in Zagreb. He was represented before the Court by Mrs T. Burjačenko Grubiša, a lawyer practising in Zagreb. The Croatian Government (“the Government”) are represented by their Agent, Mrs Š. Stažnik.

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

On 20 November 1997 the applicant filed a civil action in damages against the weekly V. in the Zagreb Municipal Court (Općinski sud u Zagrebu).

On 31 October 2002 the Municipal Court gave judgment granting the applicant’s claim.

On appeal, on 15 March 2005 the Zagreb County Court (Županijski sud u Zagrebu) upheld the first-instance judgment.

Meanwhile, on 15 May 2002 applicant lodged a constitutional complaint concerning the length of the proceedings. However, on 12 September 2003 the Constitutional Court (Ustavni sud Republike Hrvatske) declared his complaint inadmissible, since the Municipal Court had already given its judgment in the case.

COMPLAINT

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

THE LAW

On 14 December 2005 the applicant’s representative informed the Court that the parties had reached a settlement whereby the applicant waived any further claims against Croatia in respect of the facts of the present application.

By letter of 13 January 2006 the Government informed the Court that they accepted the proposal for a friendly settlement and that the Government would pay the applicant 4,200 euros in full and final settlement of his claim under the Convention, costs and expenses included.

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 (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck 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