FIRST SECTION

DECISION

Application no. 8687/04 
by Antun NIKIĆ 
against Croatia

The European Court of Human Rights (First Section), sitting on 9 March 2006 as a Chamber composed of

Mr C.L. Rozakis, President
 Mrs F. Tulkens
 Mr P. Lorenzen
 Mrs N. Vajić
 Mr A. Kovler
 Mr D. Spielmann, 
 Mr S.E. Jebens, judges
and Mr S. Quesada, Deputy Section Registrar,

Having regard to the above application lodged on 26 January 2004,

Having regard to the decision to apply the procedure under Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

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

Having deliberated, decides as follows:

 

THE FACTS

The applicant, Mr Antun Nikić, is a Croatian national who lives in Hrvatska Dubica. He was represented before the Court by Mr Z. Kostanjšek, a lawyer practising in Sisak. The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.

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

On 12 April 1994 a certain M.J., member of the Croatian Army, fired at the applicant who, as a result, sustained a bodily injury.

On 4 October 1994 the applicant brought a civil action against the State in the Sisak Municipal Court (Općinski sud u Sisku) seeking damages.

On 23 April 1999 the applicant amended his claim in order to include M.J.

On 6 November 1999 the Amendments to the Civil Obligations Act (“the 1999 Amendments”) entered into force. The amended legislation provided that all proceedings instituted against the State for damage caused by members of the Croatian Army and police in the performance of their official duties during the Homeland War in Croatia were to be stayed.

On 16 November 1999 the Municipal Court stayed the proceedings.

On 31 July 2003 new legislation on the liability of the State for damage caused by members of the Croatian Army and police in the performance of their official duties during the Homeland War entered into force (“the 2003 Liability Act”). It provides that all proceedings stayed pursuant to the 1999 Amendments are to be resumed.

Pursuant to the 2003 Liability Act, on 17 November 2003 the Municipal Court decided to resume the proceedings.

It appears that the proceedings are still pending.

COMPLAINT

The applicant complained under Article 6 § 1 of the Convention that the enactment of the 1999 Amendments and the prolonged stay of the proceedings had violated his right of access to a court.

THE LAW

By his letter of 19 December 2005 the applicant informed the Court that he accepted a proposal for a friendly settlement and waived any further claims against Croatia in respect of the facts of the present application.

On 9 January 2006 the Government informed the Court that the parties had reached a settlement whereby the Government would pay the applicant 6,000 euros in full and final settlement of the case, costs and expenses included.

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 its Protocols (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Santiago Quesada Christos Rozakis 
 Deputy Registrar President

NIKIĆ v. CROATIA DECISION


NIKIĆ v. CROATIA DECISION