FIRST SECTION

DECISION

Application no. 15579/04 by Milka GRLICA against Croatia

The European Court of Human Rights (First Section), sitting on 3 May 2007 as a Chamber composed of:

Mr C.L. Rozakis , President , Mr L. Loucaides , Mrs N. Vajić , Mr A. Kovler , Mr K. Hajiyev , Mr D. Spielmann , Mr S.E. Jebens , judges , and Mr S. Nielsen , Section Registrar ,

Having regard to the above application lodged on 7 April 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 regard to the partial decision of 16 November 2006 ,

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Milka Grlica , is a Croatian national who was born in 1936 and lives in Beograd . She was represented before the Court by Mrs Lj . Landup , a lawyer practising in Beograd . The Croatian Government (“the Government”) were represented by their Agent, Mr s Š. Stažnik .

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

The applicant and her husband lived in Rajić , Croatia . In August 1991 the applicant and her husband left Croatia .

During the applicant ’ s absence from Croatia the authorities gave her house for temporarily use to the V. family. After her return to Croatia in February 2000, the applicant sought repossession of her house and eviction of the V. family.

The applicant repossessed her house on 19 April 2004.

Meanwhile, on 20 November 2001 the applicant brought a civil action with the Novska Municipal Court against the State and the City of Novska , seeking compensation for the use of her house from July 1998 on.

On 13 February 2001 the Novska Municipal Court decided in the applicant ’ s favour concerning the period between November 2002 and January 2004 dismissing the remainder of her action and awarded the applicant for that period a monthly sum of Croatian Kunas (HRK) 540. The judgment was upheld by the Sisak County Court on 22 January 2004.

COMPLAINTS

1. The applicant firstly complained under Article 1 of Protocol No. 1 that her inability to re-possess her house for a prolonged period of time had violated her property rights.

2. She further complained under Article 13 of the Convention that she ha d no effective remedy at her disposal for the protection of her property rights.

THE LAW

By letter of 13 March 2007 the Government informed the Court that they accepted the proposal for a friendly settlement and that the Government would pay the applicant 3,000 euros in full and final settlement of the case, costs and expenses included.

On the same date the applicant informed the Court that the parties had reached a settlement whereby she waived any further claims against Croatia in respect of the facts of the present application.

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). 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