LUKŠA AND ARPS v. CROATIA

2025-09-18T00:00:00
  FIRST SECTION DECISION Applications nos. 43940/22 and 16970/24 Davor LUKŠA against Croatia and Adriana ARPS against Croatia (see appended table) The European Court of Human Rights (First Section), sitting on 18 September 2025 as a Committee composed of:  Frédéric Krenc, President,  Davor Derenčinović,  Alain Chablais, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having regard to the above applications lodged on the various dates indicated in the appended table, Having regard to the formal declarations accepting a friendly settlement of the cases, Having deliberated, decides as follows: FACTS AND PROCEDURE The list of applicants and their representatives is set out in the appended table. The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Croatian Government (“the Government”). The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Croatia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the cases. THE LAW Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision. 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 the Protocols thereto and finds no reasons to justify a continued examination of the applications. In view of the above, it is appropriate to strike the cases out of the list. For these reasons, the Court, unanimously, Decides to join the applications; Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention. Done in English and notified in writing on 9 October 2025.    Viktoriya Maradudina Frédéric Krenc  Acting Deputy Registrar President   APPENDIX List of applications raising complaints under Article 6 § 1 of the Convention (excessive length of criminal proceedings) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Date of receipt of the Government’s declaration Date of receipt of the applicant’s declaration Amount awarded for non-pecuniary damage (in euros)[1] Amount awarded for costs and expenses (in euros)[2]    43940/22 02/09/2022 Davor LUKŠA 1987   Maravić-Pirš Ljiljana Zagreb 25/07/2025 24/03/2025 3,900 500    16970/24 06/06/2024 Adriana ARPS 1958   Babić Stjepan Zagreb 25/07/2025 26/03/2025 3,900 500   [1] Plus any tax that may be chargeable to the applicants. [2] Plus any tax that may be chargeable to the applicants.