The European Court of Human Rights has no jurisdiction to hear the inter-State application against Croatia
- Government of the Republic of Slovenia
- Ministry of Foreign Affairs
- Ministry of Finance
- Succession Fund of the Republic of Slovenia
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.