Freimann v. Croatia
- Document source:
-
Date:
24 June 2004
Freimann v. Croatia
Comments:
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
The applicant is a national of Croatia and Germany whose house in Slavonski Brod was blown up by unknown perpetrators. On 4 October 1995 she instituted civil proceedings seeking damages from the Republic of Croatia. Pursuant to the 1996 amendments to the Civil Obligations Act, the case was stayed by the Municipal Court. Pursuant to the Damage from Terrorist Acts and Public Demonstrations Act 2003, the proceedings resumed on 4 December 2003. Before the Court, the applicant claimed, that the enactment of the 1996 Act violated her right of access to court guaranteed by Article 6 §1 of the Convention. The Court found in accordance with the Kutiæ jurisprudence that the long period (more than seven years) for which the applicant was prevented from having her civil claim decided by domestic courts as a consequence of a legislative measure constituted a violation of Article 6 §1 of the Convention. This judgement is not final. Note that two friendly settlements were reached in two similar cases against Croatia on 24 June 2004 (Jorgiæ v Croatia, Appl. No. 70446/01 and Kresoviæ v. Croatia, Appl. No. 75545/01).
Disclaimer:
This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.