TOMIC v. CROATIA
Doc ref: 26264/19 • ECHR ID: 001-205118
Document date: September 14, 2020
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Communicated on 14 September 2020 Published on 5 October 2020
FIRST SECTION
Application no. 26264/19 Draško TOMIĆ against Croatia lodged on 10 May 2019
SUBJECT MATTER OF THE CASE
The application concerns non-enforcement of administrative decision ordering the applicant ’ s neighbour to demolish illegally constructed house.
QUESTION TO THE PARTIES
Has there been a breach of the State ’ s positive obligations under Article 1 of Protocol No. 1 to the Convention on account of the failure of the administrative authorities to enforce their demolition order against the applicant ’ s neighbour and/or the domestic courts ’ refusal to award compensation to the applicant for the resultant damage (see Antonetto v. Italy , no. 15918/89, 20 July 2000; Kostić v. Serbia , no. 41760/04, 25 November 2008)?