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CRKVA SVETOG ĐORĐA v. MONTENEGRO

Doc ref: 15346/15 • ECHR ID: 001-202380

Document date: March 19, 2020

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CRKVA SVETOG ĐORĐA v. MONTENEGRO

Doc ref: 15346/15 • ECHR ID: 001-202380

Document date: March 19, 2020

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 15346/15 CRKVA SVETOG ĐORĐA against Montenegro

(s ee appended table)

The European Court of Human Rights ( Second Section ), sitting on 19 March 2020 as a Committee composed of:

Arnfinn Bårdsen , President, Ivana Jelić , Darian Pavli , judges,

and Liv Tigerstedt , Acting Deputy Section Registrar,

Having regard to the above application lodged on 19 July 2005 ,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant was represented by Mr V. Džomić , a lawyer from Kraljevo .

The applicant ’ s complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Montenegrin Government (“the Government”) .

THE LAW

In the present application, having examined all the material befo re it, the Court considers that, for the reasons stated below, t he application is inadmissible.

In particular, the Court notes that the proceedings in question were terminated on 14 March 2007 when the Supreme Court rendered its decision. They therefore lasted three years and eleven days within the Court’s temporal jurisdiction (Montenegro ratified the Convention on 3 March 2004). The Court further notes that the case involved complex factual and legal issues, in particular, issues concerning the nationalisation of property which took place in 1959 and 1965 in the former Yugoslavia .

In these circumstances, the Court finds that the length of the proceedings in the present case cannot be considered excessive.

Consequently , the Court finds that the application is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 9 April 2020 .

Liv Tigerstedt Arnfinn BÃ¥rdsen Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

( excessive length of civil proceedings )

Application no.

Date of introduction

Applicant ’ s name

Representative ’ s name and location

Start of proceedings or date of entry into force of the Convention in respect of Montenegro (3 March 2004)

End of proceedings

Total length

Levels of jurisdiction

15346/15

19/07/2005

CRKVA SVETOG ĐORĐA

Džomić Velibor

Kraljevo

03/03/2004

14/03/2007

3 years and 11 days

1 level of jurisdiction

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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