CASE OF SULJAGIC v. BOSNIA AND HERZEGOVINA

FOURTH SECTION

CASE OF SULJAGIĆ v. BOSNIA AND HERZEGOVINA

(Application no. 27912/02)

JUDGMENT

STRASBOURG

3 November 2009

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Suljagić v. Bosnia and Herzegovina,

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Nicolas Bratza, President,

Lech Garlicki,

Giovanni Bonello,

Ljiljana Mijović,

David Thór Björgvinsson,

Ledi Bianku,

Mihai Poalelungi, judges,

and Fatoş Aracı, Deputy Section Registrar,

Having deliberated in private on 13 October 2009,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (no. 27912/02) against Bosnia and Herzegovina lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a citizen of Bosnia and Herzegovina, Mr Mustafa Suljagić ("the applicant"), on 2 July 2002.

2. The applicant alleged that the domestic legislation on "old" foreign-currency savings failed to strike a "fair balance" between the relevant interests in the light of Article 1 of Protocol No. 1 to the Convention.

3. By a decision of 20 June 2006 the Court joined to the merits the question of the applicant's victim status and declared the application admissible.

4. The applicant and the Government each filed further written observations (Rule 59 § 1). In addition, third-party comments were received from two associations, the Association for the Protection of Foreign-Currency Savers in Bosnia and Herzegovina (Udruženje za zaštitu deviznih štediša u Bosni i Hercegovini) from the Federation of Bosnia and Herzegovina and the Association for the Return of Foreign-Currency Savings in Bosnia and Herzegovina and Diaspora (Udruženje građana za povrat stare devizne štednje u Bosni i Hercegovini i dijaspori) from the Republika Srpska, which had been invited to intervene in the written procedure (Article 36 § 2 of the Convention and Rule 44 § 2). The parties replied to each other's observations and the third parties' comments at the hearing (Rule 44 § 5).

5. A hearing took place in public in the Human Rights Building, Strasbourg, on 10 March 2009 (Rule 59 § 3).

There appeared before the Court:

(a) for the Government

Ms M. Mijić, Agent,

Ms Z. Ibrahimović, Deputy Agent,

Ms B. Kujundžić, Assistant Agent,

Mr A. Džombić, Minister of Finance of the Republika Srpska,

Ms D. Aleksić, Assistant Minister of Finance of the Republika Srpska,

Mr T. Ćurak, Assistant Minister of Finance of the Federation of Bosnia and Herzegovina,

Mr E. Kubat, Adviser to Minister of Finance of the Federation of Bosnia and Herzegovina,

Mr M. Lučić, Director for Finance of the Brčko District of Bosnia and Herzegovina, Advisers;

(b) for the applicant

Mr E. Suljagić, Counsel,

Mr S. Imamović, Assistant Counsel.

The Court heard addresses by Mr Suljagić and Ms Miji&...

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