Information Note on the Court’s case-law 35

October 2001

Kutić v. Croatia (dec.) - 48778/99

Decision 4.10.2001 [Section IV]

Article 6

Civil proceedings

Article 6-1

Access to court

Law staying all proceedings on damages for terrorist acts until new legislation on the matter is enacted: admissible

In 1991, the applicants’ house was destroyed after an explosion. In November 1994, they filed with the Municipal Court an action for damages against the Republic of Croatia. In January 1996, the Parliament introduced a change in the Civil Procedure Act to the effect that all proceedings concerning actions for damages resulting from terrorist acts were to be stayed pending the enactment of new legislation settling the matter and no damages could be sought until then. Accordingly, in April 1998, the Municipal Court adopted a decision staying the proceedings concerning the applicants’ claim. No appeal was lodged against this d ecision. In parallel, in December 1994, the applicants had lodged a claim for damages against the Republic of Croatia, following the destruction of various other buildings of theirs following another explosion. In July 2000, the Municipal Court stayed thes e proceedings too. No appeal was lodged against this decision either. In 1996, another person seeking damages following a terrorist act lodged a constitutional complaint challenging the law which provided for the stay of all proceedings relating to claims for damages after terrorist acts. The Constitutional Court has not yet decided on the issue.

Admissible under Article 6 § 1 (access to court, length of proceedings).

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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