Published on 30 January 2023

SECOND SECTION

Application no. 36331/21 SPLIT FERRY PORT JSC against Croatia lodged on 5 July 2021 communicated on 10 January 2023

SUBJECT MATTER OF THE CASE

The application concerns the applicant company’s alleged lack of access to a court to challenge the Split Port Authority’s Scale of Fees.

In particular, the applicant company obtained a concession to provide various port-related services in the Port of Split. The price of those services is set by concessionaries but within the limits defined in the Scale of Fees adopted by the Split Port Authority.

The applicant company challenged the Scale by lodging a request for review of legality of general legal acts. However, the High Administrative Court declared the request inadmissible because the applicant company had not submitted an individual decision based on the Scale that would be in breach of the company’s rights or legal interests, which was a procedural requirement for lodging such request.

The applicant company complains under Articles 6 § 1 and 13 of the Convention and under Article 1 of Protocol No. 1 that it had no legal means to challenge the Split Port Authority’s Scale of Fees, either directly or indirectly, even though the Scale was incompatible with the relevant legislation.

QUESTIONS TO THE PARTIES

1. Could the applicant company challenge effectively the Split Port Authority’s Scale of Fees before the domestic authorities?

2. If it could not, was that impossibility contrary to (a) the applicant company’s right of access to a court guaranteed by Article 6 § 1 of the Convention (see Project-Trade d.o.o. v. Croatia , no. 1920/14, §§ 62-74, 19 November 2020), (b) its right to the peaceful enjoyment of its possessions guaranteed by Article 1 of Protocol No. 1 to the Convention (ibid., §§ 80-88), and/or (b) its right to an effective remedy guaranteed by Article 13 of the Convention?