Published on 17 October 2022

FOURTH SECTION

Application no. 27137/22 Ljubinko TODOROVIĆ against Bosnia and Herzegovina lodged on 17 May 2022 communicated on 26 September 2022

SUBJECT MATTER OF THE CASE

When Bosnia and Herzegovina declared independence, the applicant was employed with the army of the Socialist Federal Republic of Yugoslavia. Being stationed in the territory of Bosnia and Herzegovina, he was allocated a military flat measuring thirty-six square meters in Sarajevo. He left his flat when the war started and joined foreign armed forces. For that reason, his restitution claim was rejected after the war (pursuant to section 3a of the Restitution of Flats Act 1998). The final domestic decision was rendered by the Constitutional Court on 3 November 2021 and served on the applicant on 19 November 2021.

QUESTION TO THE PARTIES

Has there been a violation of Article 1 of Protocol No. 1 to the Convention arising from the applicant’s inability to have restored to him his pre-war flat in Sarajevo or to receive compensation for that flat?