Published on 2 October 2023

SECOND SECTION

Application no. 8233/22 Kristina Angela ILIĆ against Croatia lodged on 3 February 2022 communicated on 14 September 2023

SUBJECT MATTER OF THE CASE

The application concerns noise exceeding statutory thresholds emanating from a bar located in front of the applicant’s flat. The applicant sought to intervene in administrative proceedings in which the bar in question had been granted the right to install its terrace on a public surface in front of the applicant’s flat, but the authorities refused her request. Her remedies against that decision, including an action for judicial review and, ultimately, a constitutional complaint, were dismissed.

In 2014 the applicant instituted civil proceedings against the bar’s owner seeking termination of the noise exceeding statutory thresholds. Following a remittal, those proceedings appear to still be pending.

The applicant complains, under Article 8 of the Convention, about the unbearable noise emanating from the bar and the authorities’ failure to protect her from such nuisance. She also complains, under Article 6 of the Convention, about the courts’ refusal to grant her intervenor status in the proceedings allowing the bar to install its terrace in front of her flat.

QUESTIONS TO THE PARTIES

1. Has there been a violation of the applicant’s right to respect for her home and private life in the present case, contrary to Article 8 of the Convention (see Udovičić v. Croatia , no. 27310/09, 24 April 2014; and Oluić v. Croatia , no. 61260/08, 20 May 2010)?

2. Did the applicant have a fair hearing in the determination of her civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, did she have an effective opportunity to participate in the proceedings before the competent domestic authorities concerning the noise nuisance coming from the bar?