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Winning the case before the European Court of Human Rights in Strasbourg (Kostić v. Serbia)

This is the first judgment determining a breach of Article 1 of Protocol no. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, namely violation of peaceful enjoyment of person’s possessions that resulted from inaction of an administrative body and failure to enforce its own decision.

What makes this decision unique is the fact that prior to approaching Strasbourg court no enforcement of the rights of peaceful enjoyment had been requested in proceedings before a court in Serbia. What also makes this decision distinct is that it is one of few decisions out of the total of 22 judgments rendered against the Republic of Serbia that was not the result of a settlement agreement reached between the Applicant and the Republic of Serbia during the proceedings before the European Court of Human Rights but was decided by the court.

As a result of this judgment, the Republic of Serbia was bound to ensure the enforcement of the decision adopted by Municipality of Voždovac (in the City of Belgrade) and pay damages to the Applicant in respect of the non-pecuniary damage suffered, plus interest.


Ana Čalić Turudija