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MATELJAN v. CROATIA

Doc ref: 64855/11 • ECHR ID: 001-118108

Document date: March 4, 2013

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MATELJAN v. CROATIA

Doc ref: 64855/11 • ECHR ID: 001-118108

Document date: March 4, 2013

Cited paragraphs only

FIRST SECTION

Application no. 64855/11 Grozdana MATELJAN against Croatia lodged on 30 September 2011

STATEMENT OF FACTS

The applicant, Ms Grozdana Mateljan , is a Croatian national, who was born in 1935 and lives in Split . She is represented before the Court by Mr T. Vukičević , a lawyer practising in Split .

The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

In January 1961 the applicant was granted a specially protected tenancy on a publicly-owned flat, measuring thirty-seven square metres, situated in Gajeva Street in Split .

In April 1969 the applicant married M.M.

In October 1972 M.M. was granted a specially protected tenancy on a flat, measuring sixty-two square metres, also in Split , for the occupation of his family.

Later on the applicant divorced M.M. and moved back to the flat allocated to her initially.

It appears that in the civil proceedings conducted before the Split Municipal Court the applicant ’ s specially protected tenancy on the flat in Gajeva Street was recognised.

However, in the administrative proceedings the applicant was ordered to vacate that flat on the ground that she had lost a specially protected tenancy on it when she moved to the flat allocated to her husband.

COMPLAINTS

The applicant relies on Articles 6, 8, 13 and 14 of the Convention complaining about refusal of the national authorities to recognise her right to occupy the flat at issue.

QUESTION TO THE PARTIES

Has there been a violation of the applicant ’ s right to respect for her home, contrary to Article 8 of the Convention?

The Government are invited to submit two copies of all case-files concerning the applicant ’ s right to occupy the flat at issue.

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