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SORSA AND 27 OTHERS v. CROATIA
Doc ref: 9168/04 • ECHR ID: 001-77298
Document date: September 21, 2006
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SORSA AND 27 OTHERS v. CROATIA
Doc ref: 9168/04 • ECHR ID: 001-77298
Document date: September 21, 2006
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 9168/04 by Bož ena Å OR Å A and 27 others against Croatia
The European Court of Human Rights (First Section), sitting on 21 September 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 24 February 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 s are 28 Croatian nationals listed in the Appendix . They were represented before the Court by M s Lj. Nogolica and Mr Z. Nogolica , lawyer s practising in Zagreb . The Croatian Government (“the Government”) were represented by their Agent, Mrs Š. Stažnik .
The facts of the case, as submitted by the parties, may be summarised as follows.
On various occasions during 1992 the applicants deposited certain amounts of money with a “financial-engineering” company Z. (“the company”). Not having been paid back the amounts deposited, on 29 March 1995 the applicants instituted civil proceedings against the company in the Zagreb Municipal Court ( Općinski sud u Zagrebu ).
The court held several hearings in the period between 1995 and 21 November 1997 . The next hearing was not held before 25 September 2002 .
On 16 June 2003 the court gave judgment in the applicants ’ favour, ordering the company to pay them the amounts sought. This judgment was served on the applicants ’ lawyer on 6 August 2003 .
On 11 September 2003 the company filed a belated appeal, seeking at the same time a procedural restitutio in integrum ( povrat u prijašnje stanje ). It appears that the proceedings following th at appeal are still pending before the second instance court.
Meanwhile, on 8 January 2003 the applicants filed a constitutional complaint concerning the length of the proceedings. On 12 December 2003 the Constitutional Court ( Ustavni sud Republike Hrvatske ) declared their complaint inadmissible, because the Municipal Court had meanwhile adopted a judgment in their case.
COMPLAINTS
The applicants complain under Article 6 § 1 of the Convention about the length of the proceedings. They also complain under Article 13 of the Convention about the lack of an effective remedy in respect of their length complaint.
THE LAW
On 10 March 2006 the applicant s ’ representative informed the Court that the parties had reached a settlement whereby the applicants waived any further claims against Croatia in respect of the facts of the present application.
By letter of 23 March 200 6 the Government informed the Court that they accepted the proposal for a friendly settlement and that the Government would pay jointly to the applicant s 68,500 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 sh ould 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
Appendix
no.
Name
Nationality
Year of birth
Residence
1.Božena Šorša
Croatian
1956Zagreb , Croatia
2.Milica Buči
Croatian
1943Sesvete , Croatia
3.Nada Kovačić
Croatian
1955Zagreb , Croatia
4.Nada Trninić
Croatian
1940Zagreb , Croatia
5.Ivana Morović
Croatian
1922Zagreb , Croatia
6.Barica Majcan
Croatian
1952Zagreb , Croatia
7.Mirjana OÅ¡trec
Croatian
1972Donja Zelina , Croatia
8.Slavko Tandarić
Croatian
1946Zagreb , Croatia
9.Pavao Å pigelski
Croatian
1941Karlovac , Croatia
10.Barica Subotić Žlogar
Croatian
1946Zagreb , Croatia
11.Ruža Štoković
Croatian
1927Zagreb , Croatia
12.Olgica Kralj
Croatian
1947Samobor , Croatia
13.Ivan Mađer
Croatian
1936Sesvetski Kraljevec , Croatia
14.Boris Å trukelj
Croatian
1934Zagreb , Croatia
15.Ivan Haramina
Croatian
1930Zagreb , Croatia
16.Josip Kunović
Croatian
1953Jastrebarsko , Croatia
17.Ivan Čurić
Croatian
1957Zagreb , Croatia
18.Zdenka Putak
Croatian
1947Voloder , Croatia
19.Zvonimir Ivić
Croatian
1930Zagreb , Croatia
20.Ninoslav Kuntić
Croatian
1949Zagreb , Croatia
21.Ante Gadžo
Croatian
1915Zagreb , Croatia
22.Marija Miljković
Croatian
1972Zagreb , Croatia
23.Ivan Lizatović
Croatian
1927Zagreb , Croatia
24.Anđela Koprivnjak
Croatian
1929Zagreb , Croatia
25.Jelka Bilandžija
Croatian
1938Zagreb , Croatia
26.Stjepan Kušek
Croatian
1945Zagreb , Croatia
27.Stjepan OÅ¡trec
Croatian
1942Donja Zelina , Croatia
28.Albina Bampa
Croatian
1924Zagreb , Croatia
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