FIRST SECTION

Application no. 60223/09 Borislav GUSTOVARAC and Zdravka GUSTOVARAC against Croatia lodged on 30 October 2009

STATEMENT OF FACTS

The applicants, Mr Borislav Gustovarac and Ms Zdravka Gustovarac , are Croatian nationals, who were born in 1943 and 1950 respectively and live in Pula . They are represented before the Court by Ms L. Å tok , a lawyer practising in Pula .

The circumstances of the case

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

In 1972 the applicants moved to a flat in Pula, owned by the Yugoslav Peoples ’ Army (the “YPA”), on the basis of a written note, signed by an authorised person of the YPA Garrison Command in Pula and stamped by the Command ’ s official stamp.

The applicants paid the rent and utility bills in respect of the flat ever since.

After Croatia had declared independence in 1991, all YPA ’ s property became the State property.

On 1 March 2000 the State brought a civil action against the applicants in the Pula Municipal Court claiming repossession of the flat and the applicants ’ eviction. The claim was granted on 16 May 2002 on the ground that the applicants had had no legal basis for occupying the flat.

The first instance judgment was upheld by the Pula County Court on 31 May 2004 and the Constitutional Court on 22 April 2009.

COMPLAINT

The applicants complain under Article 8 of the Convention that their right to respect for their home has been violated.

Q UESTION TO THE PARTIES

Has there been a violation of the applicants ’ right to respect for their home, contrary to Article 8 of the Convention (see Paulić v. Croatia , no. 3572/06 , 22 October 2009; and Orlić v. Croatia , no. 48833/07 , 21 June 2011) ?