Andrijanić and Others v. Croatia

SECOND SECTION

Application no. 12947/22 Ilija ANDRIJANIĆ and Others against Croatia (see appended table)

The European Court of Human Rights (Second Section), sitting on 3 October 2024 as a Committee composed of:

Diana Sârcu, President, Davor Derenčinović, Gediminas Sagatys , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 28 February 2022,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr I. Žalac, a lawyer practising in Slavonski Brod.

The applicants’ complaint under Article 6 § 1 of the Convention concerning the lack of access to court was communicated to the Croatian Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Croatia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amount detailed in the appended table. This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the case.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 24 October 2024.

Viktoriya Maradudina Diana Sârcu Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicants’ declaration

Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses, jointly to the applicants

(in euros) [1]

12947/22

28/02/2022

(5 applicants)

Ilija ANDRIJANIĆ

1971

Mijo ANDRIJANIĆ

1968

Kata BUNČIĆ

1974

Anđa MATOŠEVIĆ

1966

Mara PIFAR

1900

Žalac Ivan

Slavonski Brod

12/07/2024

27/07/2024

8,000

[1] Plus any tax that may be chargeable to the applicants.