FIRST SECTION

DECISION

Application no. 15739/04 by Mirjana VRBOS 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 16 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 regard to the partial decision of 9 November 2006.

Having deliberated, decides as follows:

THE FACTS

The applicant, Mrs Mirjana Vrbos , is a Croatian national who was born in 1956 and lives in Germany . She was represented before the Court by Mrs T. Burja č enko Grubi š a , a lawyer practising in Zagreb . The Croatian Government (“the Government”) were represented by their Agent, M s Š. Stažnik .

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

On 14 July 1994 the applicant brought a civil action against the State in the Virovitica Municipal Court ( Općinski sud u Virovitici ) seeking damages under section 180 of the Civil Obligations Act. The proceedings were stayed on 14 February 1996 after the amendment of the above provision.

Pursuant to the 2003 Liability Act, on 12 January 2004 proceedings before the Municipal Court were resumed and on 30 December 2003 the applicant ’ s action was declared inadmissible. The first instance decision was upheld by the Virovitica County Court ( Županijski sud u Virovitici ) on 13 May 2004 and by the Supreme Court on 3 November 2004.

Meanwhile, on 28 April 2002 the applicant lodged a constitutional complaint about the length of proceedings. On 7 July 2004 the Constitutional Court accepted the applicant ’ s complaint and awarded the applicant compensation in the amount of 4,400 Croatian kunas (HRK).

COMPLAINT

The applicant complains under Articles 6 § 1 of the Convention that Parliament ’ s enactments of the 1996 Amendment and the 2003 Liability Act violated her right of access to a court. She also complains about the length of the proceedings.             

THE LAW

By letter of 7 March 2007 the applicant informed the Court that she had accepted the proposal for a friendly settlement whereby the applicant waived any further claims against Croatia in respect of the facts of the present application.

On 13 March 2007 the Government also informed the Court that they accepted the proposal for a friendly settlement and that the Government would pay the applicant 3,200 euros in full and final settlement of her 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 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