Today, the European Court of Human Rights published its ruling on Slovenia’s inter-State application against Croatia with respect to the Ljubljanska banka claims against Croatian companies. The Court decided it had no jurisdiction to examine the inter-State application under Article 33 of the European Convention on Human Rights and Fundamental Freedoms since Ljubljanska banka, in view of the Court, was not a “non-governmental organisation” for the purposes of Article 34 of the Convention.
On 15 September 2016, Slovenia submitted the inter-State application against Croatia. The application relates to the breaches of the European Convention on Human Rights and Fundamental Freedoms, which resulted in the inability of Ljubljanska banka to enforce its claims against Croatian companies. Slovenia decided, based on the analysis of the use of legal remedies at the international level, to take all possible legal actions to protect the interests of Ljubljanska banka.
Slovenia regrets that the European Court of Human Rights did not listen to Slovenia’s arguments with respect to admissibility and jurisdiction of the Court and did not proceed to examine the merits.
The number of inter-State applications compared with individual applications is extremely low (Slovenia’s application has been only the eighteenth since 1956.). As a result, the jurisprudence of the Court on these matters is not as extensive as in case of individual applications. Considering this fact and the political sensitivity of inter-State applications, the Court has more room for manoeuvre in interpreting the Convention.
The Court’s ruling is final, as there is no available remedy against it. Nevertheless, Slovenia will endeavour to resolve the issue of the Ljubljanska banka claims in Croatia at the political level and with diplomatic talks.