Published on 28 March 2022

FOURTH SECTION

Application no. 19887/21 Ranko PRODANOVIĆ against Bosnia and Herzegovina lodged on 7 April 2021 communicated on 9 March 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 sixty-four 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). On 20 April 2016 the Constitutional Court of Bosnia and Herzegovina found a breach of the right to the peaceful enjoyment of his pre-war flat. While reiterating that it was not disproportionate to reject restitution claims regarding military flats pursuant to section 3a of the Restitution of Flats Act 1998, the Constitutional Court held that the applicant had to be given fair compensation should it be established that he had not acquired a military flat in another State. It appears that he has not yet received any compensation in this connection.

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?