CEDH · PRESS;HEARINGS;ENG — 14 novembre 2007

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sADADF4A7 { font-family:Arial; text-decoration:underline } .s7ED160F0 { text-decoration:none } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s680E08E6 { margin-top:0pt; margin-left:42.55pt; margin-bottom:0pt; text-indent:-42.55pt } .s85325123 { width:28.35pt; text-indent:0pt; display:inline-block } .s3F6263AE { margin-top:0pt; margin-left:28.35pt; margin-bottom:0pt; text-indent:-28.35pt } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s5752D6FA { font-family:Arial; font-weight:bold; font-variant:small-caps } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   783 14.11.2007   Press release issued by the Registrar   GRAND CHAMBER HEARING KOVAČIĆ AND OTHERS v. SLOVENIA   The European court of human rights is holding a Grand Chamber hearing today Wednesday, 14 November 2007 at 9 a.m ., (local time), in the Human Rights building, Strasbourg, in the case of Kovačić and Others v. Slovenia (application nos. 44574/98, 45133/98 and 48316/99).   The hearing will be broadcast from 2.30 p.m. on the Court’s Internet site http://www.echr.coe.int .     The applicants   They are three Croatian nationals: Ivo Kovačić (now deceased) was born in 1922 and lived in Zagreb; Marjan Mrkonjić was born in 1941 and lives in Zurich; and, Dolores Golubović (now deceased) was born in 1922 and lived in Karlovac (Croatia). Mr Kovačić’s and Ms Golubović’s applications have been taken up by their heirs.   Summary of the facts   The case concerns the freezing of the applicants’ savings, which they had deposited with the Zagreb office of a Slovenian bank, the Ljubljana Bank (Ljubljanska banka), prior to the dissolution of the Socialist Federal Republic of Yugoslavia (SFRY) in 1991.   Before 1991, the applicants or their relatives all deposited hard foreign currencies in savings accounts with the Ljubljana Bank’s Zagreb office (in Croatia), which was financially and economically independent of the Ljubljana Bank (a Slovenian bank). Funds in hard foreign currencies deposited with commercial banks in the SFRY were in general transferred to the National Bank of Yugoslavia in Belgrade. Accounts in hard foreign currency were guaranteed by the SFRY with account holders receiving interest at rates of up to 12   %.   However, as an emergency response to the hyper-inflation suffered by the SFRY in the 1980s, withdrawal of hard foreign currency from so-called “old savings accounts” was progressively restricted by legislation and, in 1988, the Ljubljana Bank froze all its foreign-currency accounts. As a result the applicants or their relatives were generally unable to gain access to the money in their accounts.   Since Slovenia and Croatia became independent in 1991, Croatia has taken the view that either the Ljubljana Bank or the Slovenian State should meet the liabilities owed to customers of the Croatian branch. However, Slovenia considers that those liabilities should be divided under the succession arrangements among the five States formed from the dissolved SFRY. The total amount of savings in strong foreign currencies deposited with the Croatian branch of the Slovenian bank has been estimated at approximately 150,000,000   euros   (EUR) with accrued interest, and 140,000 investors appear to be involved.   In 2003, after a change of legislation in Croatia, 42 individuals, including Mr Kovačić and Mr   Mrkonjić, lodged requests for the seizure and sale of real estate owned by the Ljubljana Bank in Croatia. In the course of those proceedings, the Zagreb main branch’s assets were liquidated. As a result, Mr Kovačić was awarded 49,794.30   German marks   (DEM) (equivalent to EUR   25,459.42) plus interest and Mr Mrkonjić was awarded 180,515.72   Croatian kunas (HRK) (equivalent to EUR   24,728). Both were awarded costs for the enforcement proceedings.   On 20 July 2005 Mr Kovačić and Mr Mrkonjić received payment of their foreign-currency deposits in full.   Ms Golubović did not bring proceedings in Croatia to recoup her foreign currency savings; she claimed that she had been advised by a bank official that, although the Croatian courts had jurisdiction, judgments were not being enforced due to lack of funds. On 29 May 2001 her savings amounted to: DEM   39,085.45 plus 14,092.89   US Dollars, 5,627.59 Swiss francs (CHF), 10,077.41   Austrian schillings and 193,495   Italian lire.   Complaints   The applicants or their heirs complain that they were not able to withdraw their foreign currency savings from the Zagreb   main branch of the Ljubljana Bank. They rely on Article 1 of Protocol No.   1 (right to property) to the European convention on human rights. They claim that the Ljubljana Bank or Slovenia, as a successor State which had assumed the SFRY’s guarantee obligations for foreign-currency savings on the break-up of Yugoslavia, should repay them the money deposited with accrued interest.   Mr Kovačić also complains that he has been discriminated against on the grounds of nationality, in that Slovenian account holders of the Zagreb branch were allowed to withdraw their savings. He relies on Article 14 (prohibition of discrimination) of the Convention.   Procedure   The applications were lodged with the European Court of Human Rights on 17 July 1998, 2   June 1998 and 24 December 1998, respectively.   On 21   May 2001 the Court granted the Croatian Government leave to take part in the proceedings, in accordance with Article 36 § 2 (third party intervention) of the European Convention on Human Rights and Rule 61 § 3 of the Rules of Court.   A hearing on the admissibility and merits took place in public in the Human Rights Building, Strasbourg, on 9 October 2003. After the deliberations, which were held in private, the Court unanimously declared the applications admissible.   In its Chamber judgment of 6 November 2006 (press release no. 667), the Court unanimously decided to strike out the case on the grounds that two of the applicants had received payment in full of their foreign currency deposits and that it was still open to the third applicant to bring proceedings in Croatia.   On 5 February 2007 the applicant requested that the case be referred to the Grand Chamber under Article 43 [1] (referral to the Grand Chamber) and on 23 May 2007 the panel of the Grand Chamber accepted that request.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Jean-Paul Costa (French), President , Christos Rozakis (Greek), Nicolas Bratza (British), Boštjan M. Zupančič (Slovenian), Peer Lorenzen (Danish), Françoise Tulkens (Belgian), Georg Ress (German) Giovanni Bonello (Maltese), Loukis Loucaides (Cypriot), Karel Jungwiert (Czech), Rait Maruste (Estonian), Snejana Botoucharova (Bulgarian), Antonella Mularoni (San Marinese), Stanislav Pavlovschi (Moldovan), Lech Garlicki (Polish), Sverre Erik Jebens (Norwegian), Mark Villiger (Swiss) [2] , judges , Dragoljub Popović (Serbian), Khanlar Hajiyev (Azerbaijani), Ljiljana Mijović (citizen of Bosnia and Herzegovina), substitute judges , and also Erik Fribergh , Registrar .   Representatives of the parties   Government of Slovenia :   Lucijan Bembič , Agent ,   Claudia Annacker , Maja Ménard , Grégoire Bertrou , Counsel ,   Miha Pogačnik , Andreja Kert , Andrej Rant , France Arhar , Borut Ožura , Advisers ;   Government of Croatia - Third Party:   Štefica Stažnik , Agent ,   Domagoj Maričić , Vanja Jelić , Advisers ;   Applicant :   Milivoje Žugić , Zvonko Nogolica , Counsel ;   Dunja Kuecking , Adviser .     ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility, followed if appropriate by a judgment, will be delivered at a later date [3] .   Press contacts Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Stéphanie Klein (telephone: 00 33 (0)3 88 41 21 54) Tracey Turner-Tretz (telephone: 00 33 (0)3 88 41 35 30) Paramy Chanthalangsy (telephone: 00 33 (0)3 90 21 54 91)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. [1] Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the 17 ‑ member Grand Chamber of the Court. In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer. [2] Judge elected in respect of Liechtenstein. [3] This summary by the Registry does not bind the Court.