CEDH · PRESS;HEARINGS;ENG — 9 octobre 2003

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s61E420C2 { font-family:Arial; font-variant:small-caps } .sD020430A { margin-top:0pt; margin-left:120.5pt; margin-bottom:0pt; text-indent:-120.5pt } .sCEA99F6D { width:87.25pt; text-indent:0pt; display:inline-block } .s5A96564A { width:2.45pt; text-indent:0pt; display:inline-block } .sC8128BED { width:67.8pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt }   EUROPEAN COURT OF HUMAN RIGHTS     482   9.10.2003   Press release issued by the Registrar   CHAMBER HEARING ON THE ADMISSIBILITY AND MERITS IN THE CASE OF KOVAČIĆ AND OTHERS v. SLOVENIA   Thursday 9 October 2003 at 9.30 a.m.   The applicants   The case concerns three applications (nos. 44574/98, 45133/98 and 48316/99) brought by Croatian nationals, in particular Mr Ivo Kovačić.   Summary of the facts   The applicants all deposited strong foreign currencies in savings accounts at the Ljubljana Bank – Zagreb Main Branch ( Ljubljanska banka – Glavna filijala Zagreb ), a Croatian branch of a major Slovenian bank, before the break-up of the Socialist Federal Republic of Yugoslavia (SFRY) in 1991.   Under the legislation applicable at the time, funds in strong foreign currencies deposited with commercial and other banks could be transferred to the National Bank of Yugoslavia and were guaranteed by the SFRY. Since 1989 the applicants have been unable to access the money they deposited.   Since Slovenia and Croatia became independent in 1991, Croatia has taken the view that it is either the Ljubljana Bank or the Slovenian State which should meet the liabilities owed to customers of the Croatian branch. However, Slovenia considers that the funds are part of the assets of former Yugoslavia and are to be divided under the succession arrangements between the five States formed from the dissolved Republic. The total amount of savings in strong foreign currencies deposited with the Croatian branch of the Slovenian bank is estimated at approximately 150,000,000 euros with accrued interest, and 130,000 investors appear to be involved.   Complaints   The applicants complain under Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights that the fact that they have not been able to withdraw their foreign-currency savings from the Ljubljana Bank – Zagreb Main Branch amounts to a violation of their right to the peaceful enjoyment of their possessions. Mr Kovačić also complains that he has been discriminated against on grounds of nationality, in breach of Article 14 of the Convention, as he maintains that Slovenian customers of the Zagreb branch have been allowed to withdraw their savings.       Procedure   The applications were lodged on 17 July 1998, 2 June 1998 and 24 December 1998.   On 21   May 2001 the Court granted the Croatian Government leave to take part in the proceedings, in accordance with Article 36 § 2 of the Convention and Rule 61 § 3 of the Rules of Court.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Georg Ress (German), President , Ireneu Cabral Barreto (Portuguese), Lucius Caflisch (Swiss) [1] , Pranas Kūris (Lithuanian), Boštjan Zupančič (Slovenian), John Hedigan (Irish), Margarita Tsatsa-Nikolovska (Macedonian), judges , Kristaq Traja (Albanian) , Riza Türmen (Turkish) , Hanne Sophie Greve (Norwegian) , Alvina Gyulumyan (Armenian) , substitute judges , and also Vincent Berger , Section Registrar .   Representatives of the parties   Slovenian Government:   Lucijan Bembič , Agent , Jean-Marcel Cheyron , Claudia Annacker , Counsel , François Berbinau , Rudolf Gabrovec , France Arhar , Andrej   Rant , Blanka Primec , Miha Pogačnik , Advisers ;   Croatian Government:   Lidija Lukina Karajković , Agent , Domagoj Maričić , Vanja Jelić , Advisers ;   Applicant:   Milivoje Žugić , Zvonko Nogolica, Counsel, Dunja Quecking , Adviser .     After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility – and, if appropriate, a judgment – will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 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. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.   1.     Elected as the judge in respect of Liechtenstein.