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

• Judge: KUSAN L.
• Resolution Date: May 19, 2015
• Issuing Organization: Court (First Section Committee)

FIRST SECTION

DECISION

Application no. 43443/11Veljko ĐUZELagainst 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 15 July 2011,

Having regard to the declaration submitted by the respondent Government on 4 March 2014 requesting the Court to strike the application out of the list of cases,

Having deliberated, decides as follows:

FACTS

1. The applicant, Mr Veljko Đuzel, is a Croatian national, who was born in 1959 and lives in Zagreb He was represented before the Court by Ms L. Kušan, an advocate practising in Ivanić-Grad.

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.

1. Civil proceedings

4. On 21 June 2001 the applicant brought a civil action in the Makarska Municipal Court (Općinski sud u Makarskoj) against a certain Mr I.M. seeking removal of a kiosk and damages.

5. By a judgment of 2 September 2002 the first-instance court dismissed the applicant’s action.

6. By a judgment of 24 January 2006 the Požega County Court (Županijski sud u Požegi) dismissed the applicant’s appeal and upheld the first-instance judgment.

7. Following an appeal on points of law (revizija) by the applicant, the Supreme Court (Vrhovni sud Republike Hrvatske) by a decision of 5 June 2007 quashed the lower-courts’ judgements and remitted the case to the first-instance court.

8. In the fresh proceedings, by a decision of 13 June 2011 the Makarska Municipal Court decided to stay the proceedings (prekid postupka) pending the final outcome of concurrent civil proceedings instituted by the applicant on 1 August 2002 in which the issue of preliminary importance for the present proceedings was being examined.

9. The final judgment in those concurrent civil proceedings had been adopted on 26 September 2012, and served on the applicant’s representative on 25 March 2013.

10. Accordingly, by a decision of 4 June 2013 the Makarska Municipal Court decided to resume the current proceedings.

11. By a judgment of 31 March 2014 the Municipal Court dismissed the applicant’s action.

12. In the absence of appeals by either party, the judgment became final on 25 April 2014.

2. Proceedings following the applicant’s request for the protection of the right to a hearing within a reasonable time.

13. Meanwhile, on 8 July 2008 the applicant lodged a request for...