Published on 22 May 2023

SECOND SECTION

Application no. 46777/21 Giuliano DEŠKOVIĆ against Croatia lodged on 14 September 2021 communicated on 5 May 2023

SUBJECT MATTER OF THE CASE

The case concerns civil proceedings in which the applicant was ordered to pay to the State a sum of money for having continued to use several plots of agricultural land owned by the State after a lease agreement concluded between them had expired. The applicant unsuccessfully argued that after the expiry of the agreement the municipality had continued to send him billing notes which he had duly paid, and that therefore the lease agreement should have been viewed as being tacitly prolonged.

The applicant complains, relying on Article 6 § 1 of the Convention, that in other cases concerning factually and legally identical situations different appellate courts ruled in favour of the defendants and that the Supreme Court and the Constitutional Court failed to remedy the matter.

QUESTION TO THE PARTIES

Has there been a violation of the applicant’s right to a fair hearing, guaranteed by Article 6 § 1 of the Convention, on account of the conflicting case-law of the domestic courts (see Nejdet Şahin and Perihan Şahin v. Turkey [GC], no. 13279/05, §§ 49-58, 20 October 2011, and Lupeni Greek Catholic Parish and Others v. Romania [GC], no. 76943/11, § 116, 29 November 2016)?

The parties are invited to submit to the Court references to the relevant domestic judicial practice, where available.