CASE OF MILINKOVIĆ v. BOSNIA AND HERZEGOVINA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
George Nicolaou;Zdravka Kalaydjieva
6. The applicant was born in 1977 and lives in Banja Luka. 7. By a judgment of the Banja Luka Court of First Instance of 23 February 2009 which became final on 11 May 2009, the Republika Srpska (an Entity of Bosnia and Herzegovina) was ordered to pay, within 15 days, 34,000 convertible marks (BAM) in respect of non-pecuniary damage together with default interest at the statutory rate and BAM 4,667 in respect of legal costs together with default interest at the statutory rate to the applicant. 8. The Banja Luka Court of First Instance issued a writ of execution (rješenje o izvršenju) on 29 June 2009. 9. The applicant complained of non-enforcement to the Constitutional Court of Bosnia and Herzegovina (“the Constitutional Court”). On 16 January 2013 the Constitutional Court found a breach of Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention. 10. The final judgment in favour of the applicant remains unenforced to this day.