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ŠKRTIĆ v. CROATIA

Doc ref: 64982/12 • ECHR ID: 001-117161

Document date: February 11, 2013

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ŠKRTIĆ v. CROATIA

Doc ref: 64982/12 • ECHR ID: 001-117161

Document date: February 11, 2013

Cited paragraphs only

FIRST SECTION

Application no. 64982/12 Branka ŠKRTIĆ against Croatia lodged on 27 July 2012

STATEMENT OF FACTS

The applicant, Ms Branka Škrtić , is a Croatian national, who was born in 1951 and lives in Karlovac . She is represented before the Court by Ms R. Dozet Daskal , a lawyer practising in Karlovac .

The circumstances of the case

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

The applicant and her husband were holders of a specially protected tenancy on a flat in Karlovac . In 1991 a bomb was thrown into the flat and the family moved out of the flat for security reasons. By a decision of the Karlovac Housing Committee of 29 November 1991 they were given another flat in Karlovac for temporary occupation. The applicant ’ s husband moved out of the flat in 1992 and they subsequently divorced. The applicant and two children born of the marriage continued to occupy the flat. The above-said decision was annulled by the same Commission on 11 November 2000.

In 2000 the Karlovac Municipality , as the owner of the flat, brought a civil action in the Karlovac Municipal Court against the applicant, seeking her eviction. The claim was granted on 1 February 2008 on the ground that the flat at issue had been given for temporary occupation to the applicant ’ s husband who had left the flat and that that decision had been annulled in 2000 and that therefore she no longer had a legal basis for occupying the flat.

This judgment was upheld by the Karlovac County Court on 19 August 2009.

The applicant ’ s subsequent constitutional complaint was dismissed on 29 March 2012.

COMPLAINT

The applicant complains under Article 8 of the Convention that her right to respect for her home has been violated.

QUESTION

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

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