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BEOPUBLIKUM AD, BEOGRAD v. SLOVENIA and 13 other applications
Doc ref: 34450/19, 35594/19, 35631/19, 35635/19, 35640/19, 35795/19, 35881/19, 36187/19, 36426/19, 36434/19, ... • ECHR ID: 001-216151
Document date: February 10, 2022
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BEOPUBLIKUM AD, BEOGRAD v. SLOVENIA and 13 other applications
Doc ref: 34450/19, 35594/19, 35631/19, 35635/19, 35640/19, 35795/19, 35881/19, 36187/19, 36426/19, 36434/19, ... • ECHR ID: 001-216151
Document date: February 10, 2022
Cited paragraphs only
Published on 28 February 2022
FIRST SECTION
Application no. 34450/19 BEOPUBLIKUM AD, BEOGRAD against Slovenia and 13 other applications (see list appended) communicated on 10 February 2022
SUBJECT MATTER OF THE CASE
The applications listed in the appended table concern the Bank of Slovenia’s extraordinary measures taken in 2013 or 2014 and leading to the cancellation of the shares held by the applicants or the applicant companies (hereinafter “the applicants”) in different banks (see the appended table) without any compensation. In 2016, the Constitutional Court found that the legal framework did not provide for effective proceedings in which the holders of the cancelled subordinated bonds or shares could challenge the Bank of Slovenia’s measures and seek compensation. On 22 November 2019 the National Assembly adopted the Act on Judicial Protection Procedure for Former Holders of Eligible Liabilities of Banks (“the 2020 Remedy Act”). Following a motion to review its compliance with the Constitution, the 2020 Remedy Act’s implementation was stayed by the Constitutional Court.
On 28 January 2021, the Constitutional Court referred several questions with regard to the interpretation of the European Union law to the Court of Justice of the European Union and suspended the proceedings before the Constitutional Court. To date no decision has been taken by the Constitutional Court regarding the 2020 Remedy Act. The applicants consequently remain without a remedy that would allow them to challenge the Bank of Slovenia’s measures and seek compensation.
In its judgment in Pintar and Others v. Slovenia (nos. 49969/14 and 4 others, 14 September 2021), which concerned the same issue as in the present applications, the Court found that the interference with the applicants’ possessions had not been accompanied by sufficient procedural guarantees against arbitrariness and had thus not been lawful within the meaning of Article 1 of Protocol No. 1. The Court furthermore found it unnecessary to ascertain whether the other requirements of that provision had been complied with and thus refrained from expressing any opinion as to whether the Bank of Slovenia’s measures had been in the general interest and, if so, whether a fair balance had been struck between the demands of the general interest of the community, and the protection of the applicants’ right under Article 1 of Protocol No. 1.
The applicants in the present cases raise similar complaints as those in Pintar and Others . They complain under Article 1 of Protocol No. 1 that the Bank of Slovenia’s measures divesting them of their shares, without compensation, had been disproportionate and arbitrary. They furthermore complain under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 about the lack of an effective remedy or procedure to challenge the measures in question and to seek compensation. They point out that the legislation that would provide for an effective remedy for the protection of their property rights remains non-operational.
QUESTION TO THE PARTIES
Has the interference with the applicants’ possessions been accompanied by sufficient procedural guarantees against arbitrariness as required by Article 1 of Protocol No. 1 (see Pintar and Others v. Slovenia , nos. 49969/14 and 4 others, §§ 109-10, 14 September 2021)?
APPENDIX
No.
Application no. Case name Introduction date
Applicant’s name Year of birth / Registration date Place of residence/seat Nationality
Representative’s name and location
Shares affected by the Bank of Slovenia’s measure
The Bank of Slovenia’s measure
1.
34450/19 Beopublikum AD, Beograd v. Slovenia 21/06/2019
BEOPUBLIKUM AD, BEOGRAD 1997 Beograd Serbian
No representative
5,705 shares in Bank NLB (NLB);
2,650 shares in Bank Celje (BCER)
Bank NLB: 17/12/2013
Bank Celje: 16/12/2014
2.
35594/19 Lukša v. Slovenia 03/06/2019
Nikola LUKÅ A 1973 Kamnik Slovenian
No representative
23 shares in Bank NKBM (KBMR)
17/12/2013
3.
35631/19 Zulich v. Slovenia 03/06/2019
Zinka ZULICH 1981 Kamnik Slovenian
No representative
23 shares in Bank NKBM (KBMR)
17/12/2013
4.
35635/19 Lucrator d.o.o. v. Slovenia 03/06/2019
LUCRATOR D.O.O. 2007 Ljubljana Slovenian
No representative
28 shares in Bank NLB (NLB)
17/12/2013
5.
35640/19 Taljat v. Slovenia 03/06/2019
Zvone TALJAT 1950 Dubai Slovenian
Non-legal representative:
Sonja ZVER GABRIJELČIČ Vrhnika
75 shares in Bank NLB (NLB);
31,100 shares in Bank NKBM (KBMR)
Bank NLB: 17/12/2013
Bank NKBM: 17/12/2013
6.
35795/19 Zver Gabrijelčič v. Slovenia 03/06/2019
Sonja ZVER GABRIJELČIČ 1969 Vrhnika Slovenian
No representative
68 shares in Bank NKBM (KBMR)
17/12/2013
7.
35881/19 ÄŒendak v. Slovenia 05/07/2019
Dean ÄŒENDAK 1968 Dubai Slovenian
Non-legal representative:
Sonja ZVER GABRIJELČIČ Vrhnika
6 shares in Bank NLB (NLB);
9,627 shares in Bank NKBM (KBMR)
Bank NLB: 17/12/2013
Bank NKBM: 17/12/2013
8.
36187/19 Gabrijelčič v. Slovenia 03/06/2019
Boštjan GABRIJELČIČ 1970 Vrhnika Slovenian
No representative
418 shares in Bank NKBM (KBMR)
17/12/2013
9.
36426/19 Publikum d.d. v. Slovenia 03/06/2019
PUBLIKUM D.D. 1991 Ljubljana Slovenian
No representative
1,968 shares in Bank NLB (NLB);
44,367 shares in Bank NKBM (KBMR);
21 shares in Bank Abanka Vita (ABKN)
Bank NLB: 17/12/2013
Bank NKBM: 17/12/2013
Bank Abanka Vita: 17/12/2013
10.
36434/19 Publikum Holding, d.o.o. v. Slovenia 03/06/2019
PUBLIKUM HOLDING, D.O.O. 2001 Ljubljana Slovenian
No representative
16,063 shares in Bank NLB (NLB)
17/12/2013
11.
36602/19 Publikum Trezor, d.o.o. v. Slovenia 03/06/2019
PUBLIKUM TREZOR, D.O.O. 1997 Ljubljana Slovenian
No representative
21,938 shares in Bank NLB (NLB); 29,967 shares in Bank NKBM (KBMR)
Bank NLB: 17/12/2013
Bank NKBM: 17/12/2013
12.
36609/19 Publikum Korpfin, d.o.o. v. Slovenia 03/06/2019
PUBLIKUM KORPFIN, D.O.O. 2008 Ljubljana Slovenian
No representative
10,000 shares in Bank NLB (NLB)
17/12/2013
13.
36613/19 Publikum Fin, d.o.o. v. Slovenia 03/06/2019
PUBLIKUM FIN, D.O.O. 1994 Ljubljana Slovenian
No representative
8,411 shares in Bank NLB (NLB)
17/12/2013
14.
36621/19 Mavko v. Slovenia 03/06/2019
Aleksander MAVKO 1979 Ljubljana Slovenian
No representative
22 shares in Bank NKBM (KBMR)
17/12/2013
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