DEDIĆ v. CROATIA

  FIRST SECTION DECISION Application no. 16484/24 Josip DEDIĆ against Croatia (see appended table) The European Court of Human Rights (First Section), sitting on 21 May 2026 as a Committee composed of:  Raffaele Sabato, President,  Artūrs Kučs,  Anna Adamska-Gallant, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having regard to the above application against the Republic of Croatia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 2 June 2024, Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration, Having deliberated, decides as follows: FACTS AND PROCEDUREThe applicant’s details are set out in the appended table. He was represented by Ms M. Franulović Ažman, a lawyer practising in Rijeka. His complaint under Article 6 § 1 of the Convention regarding the lack of access to the Supreme Court in civil proceedings concerning his wrongful dismissal was communicated to the Croatian Government (“the Government”). After the failure of the attempt to reach a friendly settlement, by a letter of 16 February 2026 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application in accordance with Article 37 of the Convention. The Government acknowledged the violation of the applicant’s right of access to a court guaranteed by Article 6 § 1 of the Convention and offered to pay the applicant the amount detailed in the appended table. The amount would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above‑mentioned three-month period, the Government undertook to pay simple interest on it, 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 case. The Government also noted that, under Article 428a § 4 of the Croatian Civil Procedure Act, the applicant may request the reopening of the domestic proceedings and thereby obtain a restitution in integrum. By a letter of 16 March 2026, the applicant informed the Court that he agreed to the terms of the declaration under the condition that he may seek the reopening of the domestic proceedings. THE LAWThe Court notes that under section 428a § 4 of the Croatian Civil Procedure Act applicants are expressly entitled to seek reopening of civil proceedings on the basis of the Court’s strike-out decisions accepting friendly settlements or the Government’s unilateral declarations. The Court accordingly finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties (see Bilalova and Others v. Poland, no. 23685/14, § 39, 26 March 2020). It therefore 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 the continued examination of the application. In view of the above, it is appropriate to strike the case out of the list. For these reasons, the Court, unanimously, Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention. Done in English and notified in writing on 11 June 2026.    Viktoriya Maradudina Raffaele Sabato  Acting Deputy Registrar President   APPENDIX Application raising complaints under Article 6 § 1 of the Convention (Access to higher courts) Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Date of receipt of Government’s declaration Date of receipt of applicant’s acceptance Amount awarded to the applicant for non-pecuniary damage and costs and expenses (in euros)[1] 16484/24 02/06/2024 Josip DEDIĆ 1955   Franulović Ažman Marina Rijeka 16/02/2026 16/03/2026 8,750   [1] Plus any tax that may be chargeable to the applicant.