CASE OF ĐUKOVIĆ v. MONTENEGRO
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time)
Jon Fridrik Kjølbro;Ledi Bianku;Nebojša Vučinić;Paul Lemmens;Georges Ravarani
4. The facts of the case, as submitted by the parties, may be summarised as follows. 5. On 25 March 1996 the applicant brought a compensation claim for damages suffered as a consequence of an expropriation of his property against the Municipality of Bar and one of the local primary schools before the Court of First Instance (Osnovni sud) in Bar. 6. On 11 April 1996 the applicant’s representative informed the Court of First Instance that he had initiated a separate set of proceedings to determine the value of the above-mentioned damages. The Court of First Instance suspended the above mentioned civil proceedings pending the final resolution of this matter. 7. No document was submitted by the parties as to whether or not the compensation proceedings have ended in the meantime. Accordingly, it would appear that the said two sets of proceedings are still pending before the Court of First Instance. 8. On 2 February 2004 the applicant instituted proceedings before the Court of First Instance in Bar, against his neighbour, seeking a demarcation between their two plots of land. 9. On 25 March 2004 the applicant amended his proposal to this effect. 10. On 14 September 2004 the applicant and the respondent reached a friendly settlement which was approved by the Court of First Instance on the same day.