Communicated on 23 March 2018

FIRST SECTION

Application no. 646/17 Denis JURIČIĆ against Croatia lodged on 19 December 2016

SUBJECT MATTER OF THE CASE

The application concerns civil proceedings between a real-estate agency and the applicant regarding a preliminary real-estate purchase agreement ( predugovor o kupoprodaji nekretnine ).

The applicant complains, under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1, that the domestic courts ’ decisions ordering him to give the agency possession over the real-estate were arbitrary, contrary to the Supreme Court ’ s case-law on the matter (see, for example, judgments of the Supreme Court nos. Rev-2791/00-2 of 9 April 2003 and Rev 560/07-4 of 27 May 2008), and contrary to the domestic courts ’ decisions rendered in cases concerning identical factual and legal circumstances (see, for example, the final judgments of the Split Municipal Court nos. P2-9259/09 of 4 May 2012; P1-9244/09 of 9 September 2013; and P1-9245/09 of 18 June 2014).

QUESTIONS tO THE PARTIES

1. Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, were the domestic courts ’ decisions rendered in his case arbitrary or manifestly unreasonable, having regard to the Supreme Court ’ s case-law on the matter (see, for example, judgments of the Supreme Court nos. Rev-2791/00-2 of 9 April 2003 and Rev 560/07-4 of 27 May 2008) and the judgments of the Split Municipal Court rendered in cases concerning identical factual and legal circumstances (see, for example, judgments of the Split Municipal Court nos. P2-9259/09 of 4 May 2012; P1-9244/09 of 9 September 2013; and P1-9245/09 of 18 June 2014)?

2. Were the domestic courts ’ decisions ordering the applicant to give the agency possession over the real-estate at issue in accordance with the conditions provided for by law, within the m eaning of Article 1 of Protocol No. 1 to the Convention?