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HORVATOVIĆ VASILIĆ AND HORVATOVIĆ v. SERBIA

Doc ref: 64188/16;64190/16 • ECHR ID: 001-196238

Document date: August 29, 2019

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HORVATOVIĆ VASILIĆ AND HORVATOVIĆ v. SERBIA

Doc ref: 64188/16;64190/16 • ECHR ID: 001-196238

Document date: August 29, 2019

Cited paragraphs only

THIRD SECTION

DECISION

Application s no s . 64188/16 and 64190/16 Marija HORVATOVIĆ-VASILIĆ against Serbia and An đelka HORVATOVIĆ against Serbia

(s ee appended table)

The European Court of Human Rights (Third Section), sitting on 29 August 2019 as a Committee composed of:

Dmitry Dedov, President, Alena Poláčková, Gilberto Felici, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application s lodged on 21 October 2016,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s is set out in the appended table.

The applicants were represented by Ms G. Nišević-Tadić, a lawyer practising in Novi Sad.

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

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

In the present application s , having examined all the material before it, the Court considers that the respondent Government cannot be held liable for the excessive length of the impugned civil proceedings.

In particular, while it is true that the proceedings lasted for a long time, the Court notes that they concerned complex property issues between eight parties, that they were stayed for more than five years and that the applicants contributed to their length.

In view of the above, the Court finds that these complaints are 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,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 19 September 2019 .

Liv Tigerstedt Dmitry Dedov Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

( excessive length of civil proceedings )

No.

Application no.

Date of introduction

Applicant ’ s name

Date of birth

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

End of proceedings

Total length Levels of jurisdiction

Relevant domestic decision

64188/16

21/10/2016

Marija Horvatović-Vasilić

11/08/1949

03/03/2004

17/10/2013

9 years and 7 months and 15 days

2 levels of jurisdiction

Constitutional Court

Už-8529/2017

31/10/2017

Inadmissible

64190/16

21/10/2016

Anđelka Horvatović

24/02/1927

03/03/2004

17/10/2013

9 years and 7 months and 15 days

2 levels of jurisdiction

Constitutional Court

Už-11614/2013

07/04/2016

Inadmissible

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

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