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ANDRIJANIĆ AND OTHERS v. CROATIA
Doc ref: 12947/22 • ECHR ID: 001-230947
Document date: January 17, 2024
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ANDRIJANIĆ AND OTHERS v. CROATIA
Doc ref: 12947/22 • ECHR ID: 001-230947
Document date: January 17, 2024
Cited paragraphs only
Published on 5 February 2024
SECOND SECTION
Application no. 12947/22 Ilija ANDRIJANIĆ and Others against Croatia lodged on 28 February 2022 communicated on 17 January 2024
SUBJECT MATTER OF THE CASE
The application concerns civil proceedings for damages which the applicants instituted against two insurance companies after the death of their wife and mother. By a first instance judgment rendered in 1991, the applicants were awarded half of the amount claimed. The sum awarded was paid to them in full in the then currency, Croatian dinars, by one of the respondents, even before the first instance judgment became final. On appeal, the second instance court quashed the first instance judgment and remitted the case, which was then stayed between 1993 and 2011 apparently because the respondent companies, which were based abroad, were undergoing structural changes.
Once the case resumed, the applicants adjusted their claim in accordance with the currency and prices applicable on that day, maintaining the entirety of their claim. In 2014 the first instance court dismissed their claim in its entirety, concluding that one of the respondents already had paid them the total amount of damages on the basis of the 1991 judgment, and that the applicants had thus been fully compensated. It had therefore not been necessary to pursue the proceedings any longer. At the same time, the court ordered the applicants to pay to the respondents in costs of proceedings some 87,200 Croatian kunas (HRK) (approximately EUR 11,600), whereas the amount they had been awarded in damages in 1991, due to the depreciation and change of currency at the time of the 2014 judgment had amounted to 0,50 HRK. Their further appeals were dismissed, including their constitutional complaint by a decision rendered on 22 September 2021.
The applicants complain, under Article 6 of the Convention, about the excessively high costs of proceedings they were ordered to pay to the respondent companies.
QUESTION TO THE PARTIES
Has the allegedly excessive award of costs of proceedings to the respective respondents violated the applicants’ right of access to court in breach of Article 6 § 1 of the Convention (see Čolić v. Croatia , no. 49083/18, §§ 39 ‑ 60, 18 November 2021; Klauz v. Croatia , no. 28963/10, §§ 76-97, 18 July 2013)?
APPENDIX
Application no. 12947/22
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Ilija ANDRIJANIĆ
1971
Croatian
Slavonski Brod
2.
Mijo ANDRIJANIĆ
1968
Croatian
Slavonski Brod
3.
Kata BUNČIĆ
1974
Croatian
Slavonski Brod
4.
Anđa MATOŠEVIĆ
1966
Croatian
Slavonski Brod
5.
Mara PIFAR
Croatian
Slavonski Brod
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