Horvatović Vasilić and Horvatović v. Serbia
Inadmissible
Berörda konventionsartiklar
THIRD SECTION
Applications nos. 64188/16 and 64190/16 Marija HORVATOVIĆ-VASILIĆ against Serbia and Anđelka HORVATOVIĆ against Serbia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 29 August 2019 as a Committee composed of:
Dmitry Dedov, President, Alena Poláčková, Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on 21 October 2016,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Ms G. Nišević-Tadić, a lawyer practising in Novi Sad.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Serbian Government (“the Government”).
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In the present applications, having examined all the material before it, the Court considers that the respondent Government cannot be held liable for the excessive length of the impugned civil proceedings.
In particular, while it is true that the proceedings lasted for a long time, the Court notes that they concerned complex property issues between eight parties, that they were stayed for more than five years and that the applicants contributed to their length.
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 19 September 2019.
Liv Tigerstedt Dmitry Dedov Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Start of proceedings or date of entry into force of the Convention in respect of Serbia (3 March 2004)
End of proceedings
Total length Levels of jurisdiction
Relevant domestic decision
64188/16
21/10/2016
Marija Horvatović-Vasilić
11/08/1949
03/03/2004
17/10/2013
9 years and 7 months and 15 days
2 levels of jurisdiction
Constitutional Court
Už-8529/2017
31/10/2017
Inadmissible
64190/16
21/10/2016
Anđelka Horvatović
24/02/1927
03/03/2004
17/10/2013
9 years and 7 months and 15 days
2 levels of jurisdiction
Constitutional Court
Už-11614/2013
07/04/2016
Inadmissible