KIRINČIĆ AND OTHERS v. CROATIA and 2 other applications
Doc ref: 31386/17;56848/18;57084/18 • ECHR ID: 001-191077
Document date: January 22, 2019
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Communicated on 22 January 2019
FIRST SECTION
Application no. 31386/17 Smiljka KIRINČIĆ and O thers against Croatia and 2 other applications (see list appended)
SUBJECT MATTER OF THE CASE S
The applications concern the length of civil proceedings and the effectiveness of domestic remedies for length of proceedings, in particular a constitutional complaint.
QUESTIONS tO THE PARTIES
1. Was the length of the proceedings in the applicants ’ cases in breach of the “reasonable time” requirement under Article 6 § 1 of the Convention?
2. Were the remedies the applicants resorted to, in order to complain of the excessive length of proceedings, effective, as required by Article 13 of the Convention? Specifically:
(a) Was the constitutional complaint of which the applicants availed themselves an effective remedy given that the Constitutional Court did not take into account the overall length of the proceedings complained of (see, for example, Počuča v. Croatia , no. 38550/02, § 35, 29 June 2006 and the cases cited therein; and Rutkowski and Others v. Poland , nos. 72287/10 and 2 others, § § 180-83 and 211-16, 7 July 2015 )?
(b) In the negative, were the other remedies used by the applicants effective given that none of them obtained compensation despite the finding by the domestic courts that the length of the proceedings complained of was excessive (see, for example, Cocchiarella v. Italy [GC] no. 64886/01, §§ 74 ‑ 76, ECHR 2006 V)?
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
1
31386/17
20/04/2017
Smiljka KIRINČIĆ
09/03/1932
Dobrinj
BRANKA IVANČIĆ
11/09/1952
Rijeka
SMILJAN KIRINČIĆ
21/09/1956
Rijeka
Smiljan KIRINČIĆ
2
56848/18
27/11/2018
STAN - SERVIS D.O.O.
Kutina
Tomislav BILOBRK
3
57084/18
27/11/2018
STAN - SERVIS D.O.O.
Kutina
Tomislav BILOBRK