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PRAUNSPERGER v. CROATIA

Doc ref: 5670/16 • ECHR ID: 001-174475

Document date: May 23, 2017

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PRAUNSPERGER v. CROATIA

Doc ref: 5670/16 • ECHR ID: 001-174475

Document date: May 23, 2017

Cited paragraphs only

Communicated on 23 May 2017

FIRST SECTION

Application no. 5670/16 Alan PRAUNSPERGER against Croatia lodged on 19 January 2016

SUBJECT MATTER OF THE CASE

The application concerns the interim measure whereby the Constitutional Court – without the applicant ’ s knowledge – postponed the enforcement of a judgment in his favour ’ s until it decided on the constitutional complaint lodged by the owner of immovable property subject to enforcement.

QUESTIONS tO THE PARTIES

1. Was the non-enforcement of the judgment in the applicant ’ s favour in the present case contrary to Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 thereto?

2. Was the applicant notified of, and given a chance to comment on the constitutional complaint and the request for an interim measure lodged by the alleged owner of the property subject to enforcement? If not, w as the principle of equality of arms respected as required by Article 6 § 1 of the Convention ?

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