Communicated on 6 September 2019

FIRST SECTION

Application no. 11514/18 Ena TRUMBIĆ against Croatia lodged on 2 March 2018

SUBJECT MATTER OF THE CASE

The application concerns the judgment adopted in the civil proceedings instituted by private individuals who are the owners of a two-storey flat in Split in which the applicant has been living as a protected lessee ( zaštićeni najmoprimac ). By that judgment the domestic courts established that the applicant had not been entitled to use the flat ’ s upper floor where the kitchen and the toilet were located, and ordered her to vacate that part of the flat. The applicant complains that the judgment in question constituted a violation of her right to respect for her home.

QUESTIONS TO THE PARTIES

1. Were the domestic courts required to carry out a proportionality test before ordering the applicant to vacate the upper floor of the flat in which she had been living (compare, for example, Ćosić v. Croatia , no. 28261/06, 15 January 2009; Paulić v. Croatia , no. 3572/06, 22 October 2009 and Bjedov v. Croatia , no. 42150/09, § 29 May 2012, and contrast with F.J.M. v. the United Kingdom ( dec. ), no. 76202/16, 6 November 2018)?

2. If so, did the domestic courts carry out a proportionality test in the applicant case?

3. If the domestic courts were required to carry out a proportionality test but did not do so, was there a violation of the applicant ’ s right to respect for her home, within the meaning of Article 8 § 1 of the Convention?