Judgment (Merits and Just Satisfaction) of Court (First Section), October 25, 2007 (case CASE OF LESNINA D.D. v. CROATIA)

Judge:MARGARIN Z.
Defense:CROATIA
Resolution Date:October 25, 2007
Issuing Organization:Court (First Section)
SUMMARY

Violation of Art. 6-1

 
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FIRST SECTION

CASE OF LESNINA D.D. v. CROATIA

(Application no. 18421/05)

JUDGMENT

STRASBOURG

25 October 2007

FINAL

31/03/2008

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Lesnina d.d. v. Croatia,

The European Court of Human Rights (First Section), sitting as a Chamber composed of:

             Mr              C.L. Rozakis, President,              Mr              L. Loucaides,              Mrs              N. Vajić,              Mr              A. Kovler,              Mrs              E. Steiner,              Mr              K. Hajiyev,              Mr              D. Spielmann, judges,and Mr S. Nielsen, Section Registrar,

Having deliberated in private on 4 October 2007,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

  1. The case originated in an application (no. 18421/05) against the Republic of Croatia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a company from Slovenia, Lesnina d.d. (“the applicant”), on 15 April 2005.

  2. The applicant company was represented by Mr Z. Margarin, a lawyer practising in Zadar. The Croatian Government (“the Government”) were represented by their Agent, Mrs Š. Stažnik.

  3. On 28 November 2006 the Court decided to communicate the complaint concerning the length of the proceedings. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

    THE FACTS

    THE CIRCUMSTANCES OF THE CASE

  4. In June 1992 eight persons brought a civil action in the Zadar Municipal Court (Općinski sud u Zadru) against the applicant company (then called “Moderni interijeri”), challenging their dismissal from work. The plaintiffs also sought that a preliminary measure be issued.

  5. In its judgment of 21 December 1992 the Zadar Municipal Court granted the claim, but the judgment was quashed by the Zadar District Court (Okružni Sud u Zadru) on 6 October 1993 and the case was remitted to the Zadar Municipal Court.

  6. In the fresh proceedings the Zadar Municipal Court again granted the claim on 27 September 1994. It also granted the requested preliminary measure. On 17 May 1995 the judgment on the merits was reversed in part by the Zadar County Court (Županijski sud u Zadru) and it became final. Furthermore, the decision concerning the preliminary measure was quashed and to that extent the case was remitted to the Zadar Municipal Court for fresh decision.

  7. Both the applicant company and the plaintiffs filed appeals on points of law against the appellate judgment on the merits. In accordance with the applicable procedural rules the appeal shall be lodged with the Municipal Court which conducted the...

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