ZUBAC v. CROATIA - 40160/12 (Judgment : No Article 6 - Right to a fair trial : Grand Chamber)

Guido Raimondi, President, Angelika Nußberger, Linos-Alexandre Sicilianos, Ganna Yudkivska, Helena Jäderblom, Luis López Guerra, André Potocki, Aleš Pejchal, Faris Vehabović, Ksenija Turković, Síofra O'Leary, Alena Poláčková, Georgios A. Serghides, Tim Eicke, Jovan Ilievski, Jolien Schukking, Péter Paczolay, judges, and Søren Prebensen, Deputy Grand Chamber Registrar ,

(a) for the Government Ms Š. Stažnik , Representative of the Republic of Croatia before the European Court of Human Rights, Agent , Ms N. Katić , Office of the Representative of the Republic of Croatia before the European Court of Human Rights, Ms M. Konforta , Office of the Representative of the Republic of Croatia before the European Court of Human Rights, Advisers ;

"... [T]he costs of the proceedings were awarded to the respondents [and assessed] according to ... the value of the dispute indicated by the claimant (HRK 105,000 -� (page 58 [of the case-file]) which this court accepted."

"In view of the fact that the [first-instance judgment] is challenged in its entirety, thus including also the decision on the costs of the proceedings, and although the appeal is not specified in that respect, [it is to be noted that] the decision on the costs of the proceedings is based on the relevant law and adequate reasons are provided."

Later on, at the hearing of 6 April 2005, the claimant's representative indicated the value of the subject matter of the dispute at 105,000 Croatian kunas considering that it had been indicated too low in the civil action. However, the claimant did not amend the claim at the same time. The first-instance court did not adopt a decision on a new value for the dispute because the procedural requirements under section 40 (3) of the CPA [Civil Procedure Act] were not met.