Nizić v. Croatia

FIRST SECTION

Application no. 6524/18 Dominik NIZIĆ against Croatia

The European Court of Human Rights (First Section), sitting on 25 June 2020 as a Committee composed of:

Krzysztof Wojtyczek, President, Linos-Alexandre Sicilianos, Armen Harutyunyan, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 29 January 2018,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Dominik Nizić, was born in 1978. He was self ‑ represented.

The applicant’s complaint under Article 6 of the Convention concerning the lack of access to the Constitutional Court was communicated to the Croatian Government (“the Government”).

On 9 August 2019, subsequent to the Government’s observations, the applicant informed the Registry that, contrary to what he had stated in his application:

- the Constitutional Court had not erroneously calculated the time-limit for lodging his constitutional complaint from the day on which the second ‑ instance judgment had been served on his former counsel rather than from the day on which the applicant had been informed of it, because the second-instance judgment had been actually served on him personally and therefore,

- his constitutional complaint had been declared inadmissible due to his own failure to comply with the statutory time-limit for lodging that particular remedy.

The applicant added that it was not in dispute that he had not been affected by the violation complained of and apologised for having submitted misleading information to the Court.

THE LAW

In the light of the foregoing, the Court concludes that it is no longer justified to continue the examination of the application (Article 37 § 1 (c) of the Convention) and finds it 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.

Liv Tigerstedt Krzysztof Wojtyczek Acting Deputy Registrar President