Resolution CM/ ResDH (2018)111 Execution of the judgment of the European Court of Human Rights Ali šić against Serbia and Slovenia

(Adopted by the Committee of Ministers on 15 March 2018 at the 1310 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

60642/08

ALIŠIĆ AND OTHERS

16/07/2014

Grand Chamber

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established in respect of Slovenia of the applicants’ right to peaceful enjoyment of their property on account of their inability to recover their “old” foreign-currency savings deposited in Bosnian-Herzegovinian branches of banks with head offices in Slovenia;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of Slovenia to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2017)1270 and DH-DD(2017)1418-rev );

Noting that in its inadmissibility decision in the Zeljković case (33805/17, 5 September 2017) the European Court held that the depositors whose deposits were transferred to privatisation accounts and whose requests for repayment were rejected on the basis of Slovenian law, were in principle required to exhaust remedies before the Slovenian courts and ultimately to lodge a constitutional claim;

Noting that the Committee of Ministers’ final resolution in this case is entirely without prejudice to the European Court’s conclusions in other cases brought before it, including those addressing the issue of responsibility for repayment of deposits held in the Ljubljanska Banka’s Sarajevo Branch which were transferred to restricted privatisation accounts in accordance with the legislation of Bosnia and Herzegovina;

Having satisfied itself that all the measures required of Slovenia by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as far as Slovenia is concerned, and

DECIDES to close the examination thereof in respect of Slovenia.