SECOND SECTION
DECISION
Application no. 31588/12
Milica MILADINOVIĆ
against Croatia
The European Court of Human Rights (Second Section), sitting
on 13 October 2015 as a Committee composed of:
Robert Spano, President,
Ksenija Turković,
Jon Fridrik Kjølbro, judges,
and Abel Campos, Deputy Section Registrar,
Having regard to the above application lodged on 16 April 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Milica Miladinović, is a Croatian national, who was
born in 1951 and lives in Zagreb. She was represented before the Court by
Ms L. Kušan, a lawyer practising in Ivanić Grad.
The Croatian Government (“the Government”) were represented by their
Agent, Ms Š. Stažnik.
The applicant complained that her rights to property and to an effective
remedy had been violated. She relied on Article 1 of Protocol No. 1 to the
Convention and Article 13 thereof.
The application was initially allocated to the First Section of the Court
(Rule 52 § 1 of the Rules of Court). On 23 September 2013 the Court
decided to give notice to the Government of the applicant’s complaints
detailed above.
On 3 February 2014 the Government submitted to the Registry their
observations on the admissibility and merits of the application. These were
forwarded on 14 February 2014 to the applicant, who was invited to submit
observations in reply by 28 March 2014.
MILADINOVIĆ v. CROATIA DECISION
2
On 24 March 2014 the applicant submitted to the Registry her
observations in reply to the Government’s observations on the admissibility
and merits of the application. These were forwarded on 4 April 2014 to the
Government, who were invited to submit any comments and any further
observations they wished to pursue by 2 May 2014.
On 16 July 2015 the applicant’s representative informed the Court that
the applicant wanted to withdraw the application since the applicant and the
State reached a settlement agreement.
On 1 September 2015, the Court changed the composition of its Sections
(Rule 25 § 4). The present application was thus assigned to the newly
composed Second Section (Rule 52 § 1).
THE LAW
In the light of the foregoing, and in the absence of any special
circumstances regarding respect for the rights guaranteed by the Convention
or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the
Convention, considers that it is no longer justified to continue the
examination of the application.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 5 November 2015.
Abel Campos
Deputy Registrar
Robert Spano
President