NOVAK v. CROATIA
Doc ref: 20737/15 • ECHR ID: 001-175316
Document date: June 16, 2017
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Communicated on 16 June 2017
FIRST SECTION
Application no. 20737/15 Vlado NOVAK against Croatia lodged on 21 April 2015
STATEMENT OF FACTS
The applicant, Mr Vlado Novak, is a Croatian national who was born in 1955 and lives in Zagreb. He is represented before the Court by Ms Lj . Babić , a lawyer practising in Zagreb.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
The applicant was incarcerated between 24 August 1987 and 17 April 1989. On 3 February 1988 the Zagreb County Court issued a certificate that the applicant had handed over various items, including “books: six, and drawings, Chagall, twelve”. However, when the applicant was released from prison the books and drawings were not returned to him.
The applicant then lodged a criminal complaint and instituted civil proceedings against the State, seeking compensation for lost or stolen drawings. The claim was dismissed on the grounds that the applicant had not proven that the drawings he had handed over to the prison administration were really by Marc Chagall. The applicant was also ordered to pay 349,850 Croatian kunas in costs.
The final decision in the case was taken by the Constitutional Court on 9 October 2014.
COMPLAINT
The applicant complains under Article 1 of Protocol No. 1 of a violation of his right to the peaceful enjoyment of his possessions.
QUESTIONS TO THE PARTIES
Has there been a violation of the applicant ’ s right to the peaceful enjoyment of his possessions as guaranteed under Article 1 of Protocol No. 1 to the Convention? In particular were the proceedings before the national courts in compliance with the requirements of that Article?