Decision of Court (First Section Committee), May 19, 2015 (case ŠKUBONJA v. CROATIA)

Judge:BARBIR M.
Resolution Date:May 19, 2015
Issuing Organization:Court (First Section Committee)

FIRST SECTION

DECISION

Application no. 27767/13Mirko ŠKUBONJAagainst Croatia

The European Court of Human Rights (First Section), sitting on 19 May 2015 as a Committee composed of:

             Mirjana Lazarova Trajkovska, President,              Linos-Alexandre Sicilianos,              Ksenija Turković, judges,and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 19 March 2013,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

  1. The applicant, Mr Mirko Škubonja, is a Croatian national, who was born in 1950 and lives in Šibenik. He was represented before the Court by Mr M. Barbir, a lawyer practising in Ploče.

  2. The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.

  3. The facts of the case, as submitted by the parties, may be summarised as follows.

  4. Civil proceedings

  5. On 7 January 2003 the applicant brought a civil action in the Split Municipal Court (Općinski sud u Splitu) against the State seeking payment of salary arrears.

  6. On 21 March 2003 the first-instance court suspended the proceedings (mirovanje postupka).

  7. On 26 June 2003 the applicant asked the first-instance court to resume the proceedings.

  8. On 20 January 2004 the first-instance stayed the proceedings (prekid postupka) pending the outcome of the parallel civil proceedings between the State and another plaintiff concerning the same legal issue.

  9. On 8 February 2007 the applicant withdrew his action.

  10. On 10 May 2007 the State as the defendant asked the first-instance court to resume the proceedings since the conditions for doing so had been met.

  11. On 25 May 2007 the first-instance court decided to resume the proceedings.

  12. By a decision of 1 June 2007 the first-instance court declared that the applicant’s action had been withdrawn (see paragraph 8 above) and ordered him to pay the State as the defendant 1,890 Croatian kunas (HRK) in costs of proceedings.

  13. On 21 June 2007 the applicant appealed against the part of that decision concerning the award of costs.

  14. On 17 July 2007 the State as the defendant asked the first-instance court to rectify its decision of 1 June 2007 (see paragraph 11 above) as regards the applicant’s surname.

  15. On 6 February 2008, 9 June 2010 and 19 November 2010 the State as the defendant urged the first-instance court to expedite the proceedings.

  16. By a decision of 12 January 2011 the first-instance court rectified its decision of 1 June 2011 (see paragraphs 11 and 13 above).

  17. On 3 February 2011 the applicant pointed out to the first-instance court that his appeal had never been forwarded to the second-instance court.

  18. On 14 February 2011 the applicant...

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