Information Note on the Court’s case-law 207

May 2017

Croatian Chamber of Economy v. Serbia (dec.) - 819/08

Decision 25.4.2017 [Section III]

Article 34

Victim

Chamber of Economy established by law and carrying out public functions: absence of victim status

Facts – The applicant, the Croatian Chamber of Economy (CCE), was a legal entity regulated by the Croatian Chamber of Economy Act.* In the Convention proceed ings, it complained under Article 6 § 1 that it had been denied access to the Serbian courts in respect of civil claims it had lodged. A preliminary issue arose over whether the applicant could, for the purposes of enjoying victim status, be considered a “ non-governmental organisation” within the meaning of Article 34 of the Convention.

Law – Article 34: When determining whether any given legal entity falls within the category of non-governmental organisations, the Court has regard to the entity’s legal sta tus, the nature and context of its activity, and the degree of its independence from the political authorities.

(a) Legal status – The applicant was established by a law and consisted of 21 county chambers set up in accordance with the official division o f Croatia into counties; it belonged to a public-law system of chambers (see the Court’s decision in Smits, Kleyn, MettlerToledo B.V. et al., Raymakers, Vereniging Landelijk Overleg Betuweroute and Van Helden v. the Netherlands ((dec.), 39032/97 et al., 3 May 2001)); all entities carrying out economic activities in Croatia were required by law to join a chamber; the applicant defined itself as a public institution which paid special attention to the execution of public power entrusted to it; and judgments of the Court of Honour of the CCE could be subject of examination by the Administrative Court of the Republic of Croatia.

(b) Nature of its activities – The applicant carried out a number of lawfull y delegated public functions and documents it issued in the execution of its public functions had the character and significance of official documents which were eligible for judicial scrutiny (contrast Chamber of Commerce, Industry and Agriculture of Timi şoara v. Romania (no. 2) ( 23520/05 et al., 16 July 2009), where the Court found that the national chamber and departmental chamber did not exercise public authority and were not placed under the State control).

(c) Independence from political authorities – The applicant’s work was mainly funded from compulsory membership fees and revenue from the exercise of the public functions.

In these circumstances, the applicant did not enjoy a sufficient degree of autonomy from the Croatian Government for it to be considered a non-governmental organisation within the meani ng of Article 34 of the Convention.

Conclusion : inadmissible (incompatible ratione personae ).

* The Croatian Chamber of Economy Act ( Zakon o Hrvatskoj gospodarskoj komori , published in the Official Gazette of the Republic of Croatia 66/91 et al.).

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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