Arbitral Digest

Matter

Chelleri and Others v. Croatia (ECtHR applications nos. 49358/22, 49562/22 and 54489/22)

  1. 7 January 2021Croatia

    7 January 2021Croatia

    Pazin Municipal Court judgment concerning Rene Chelleri dated 7 January 2021

    Pazin Municipal Court

    Decision summary
    The court found Rene Chelleri guilty of fifteen minor offences under the Croatian State Border Surveillance Act.

    Supporting details

    1 participant
    Rene Chelleri
    Pazin Municipal Court

    4 months and 19 days later · 139 days

  2. 26 May 2021Croatia

    26 May 2021Croatia

    High Minor Offences Court judgment concerning Rene Chelleri dated 26 May 2021

    High Minor Offences Court of the Republic of Croatia

    Decision summary
    The court dismissed Rene Chelleri’s appeal and upheld his convictions for the minor offences.

    Supporting details

    1 participant
    Rene Chelleri
    High Minor Offences Court of the Republic of Croatia

    5 months and 24 days later · 177 days

  3. 19 November 2021Croatia

    19 November 2021Croatia

    Pazin Municipal Court judgment concerning Robert Radolovič dated 19 November 2021

    Pazin Municipal Court

    Decision summary
    The court found Robert Radolovič guilty of ten minor offences under the Croatian Marine Fisheries Act and related European Union provisions.

    Supporting details

    1 participant
    Robert Radolovič
    Pazin Municipal Court

    18 days later · 18 days

  4. 7 December 2021Croatia

    7 December 2021Croatia

    Pazin Municipal Court judgment concerning Jan Virant dated 7 December 2021

    Pazin Municipal Court

    Decision summary
    The court found Jan Virant guilty of six minor offences under the Croatian Marine Fisheries Act and related European Union provisions.

    Supporting details

    1 participant
    Jan Virant
    Pazin Municipal Court

    20 days later · 20 days

  5. 27 December 2021Croatia

    27 December 2021Croatia

    High Minor Offences Court judgment concerning Robert Radolovič dated 27 December 2021

    High Minor Offences Court of the Republic of Croatia

    Decision summary
    The court dismissed Robert Radolovič’s appeal and upheld his convictions for the minor offences.

    Supporting details

    1 participant
    Robert Radolovič
    High Minor Offences Court of the Republic of Croatia

    16 days later · 16 days

  6. 12 January 2022Croatia

    12 January 2022Croatia

    High Minor Offences Court judgment concerning Jan Virant dated 12 January 2022

    High Minor Offences Court of the Republic of Croatia

    Decision summary
    The court dismissed Jan Virant’s appeal and upheld his convictions for the minor offences.

    Supporting details

    1 participant
    Jan Virant
    High Minor Offences Court of the Republic of Croatia

    4 months and 21 days later · 141 days

  7. 2 June 2022Croatia

    2 June 2022Croatia

    Croatian Constitutional Court decision concerning the applicants dated 2 June 2022

    Constitutional Court of the Republic of Croatia

    Decision summary
    The Constitutional Court dismissed the applicants’ constitutional complaint as unfounded, holding that the domestic decisions complied with relevant law and that the minor offences were clearly defined and foreseeable.

    Supporting details

    3 participants
    Rene Chelleri
    Robert Radolovič
    Jan Virant
    Constitutional Court of the Republic of Croatia

    27 days later · 27 days

  8. 29 June 2022Croatia

    29 June 2022Croatia

    Croatian Constitutional Court decision concerning the applicants dated 29 June 2022

    Constitutional Court of the Republic of Croatia

    Decision summary
    The Constitutional Court dismissed the applicants’ constitutional complaint as unfounded, referring to its findings that the domestic decisions complied with relevant law and that the minor offences were clearly defined and foreseeable.

    Supporting details

    3 participants
    Rene Chelleri
    Robert Radolovič
    Jan Virant
    Constitutional Court of the Republic of Croatia

    1 year, 10 months and 17 days later · 687 days

  9. 16 May 2024International

    16 May 2024International

    Decision of the European Court of Human Rights (Second Section) in the case Chelleri and Others v. Croatia, applications nos. 49358/22, 49562/22 and 54489/22, dated 16 May 2024

    European Court of Human Rights (Second Section)

    Citation
    Applications nos. 49358/22, 49562/22 and 54489/22
    Decision summary
    The Court joined the three applications and declared them inadmissible as manifestly ill-founded under Articles 35 §§ 3(a) and 4 of the Convention. It held that the applicants could reasonably foresee that their conduct in the disputed maritime waters would constitute minor offences under Croatian law, and that it was not for the Court to rule on the validity or legal effects of the Croatia–Slovenia Arbitration Agreement or Arbitration Award.

    Supporting details

    37 authorities · 16 participants
    Rene Chelleri
    Representative
    I. Senjak (For: Rene Chelleri · Robert Radolovič)
    Representative
    M. Menard (For: Rene Chelleri · Robert Radolovič · Jan Virant)
    Robert Radolovič
    Representative
    I. Senjak (For: Rene Chelleri · Robert Radolovič)
    Representative
    M. Menard (For: Rene Chelleri · Robert Radolovič · Jan Virant)
    Jan Virant
    Representative
    M. Menard (For: Rene Chelleri · Robert Radolovič · Jan Virant)
    Croatia
    Representative
    Š. Stažnik (For: Croatia)
    Slovenia
    European Court of Human Rights (Second Section)
    Other
    Institutional administrator
    Hasan Bakırcı

    Authorities cited

    37
    • Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia (signed in Stockholm on 4 November 2009)
      statute
    • 1969 United Nations Vienna Convention on the Law of Treaties
      statute
    • Croatian Constitution
      statute
    • Croatian Minor Offences Act
      statute
    • Croatian Maritime Code
      statute
    • Croatian Trade Act
      statute
    • Croatian State Border Surveillance Act
      statute
    • Croatian Marine Fisheries Act
      statute
    • Rules on borders in the fishing sea of the Republic of Croatia
      statute
    • Schengen Borders Code
      statute
    • Council Regulation (EC) No 1005/2008
      statute
    • Council Regulation (EC) No 1967/2006
      statute
    • Regulation (EU) No 1380/2013
      statute
    • Council Regulation (EC) No 1224/2009
      statute
    • 1982 United Nations Convention on the Law of the Sea
      statute
    • Convention for the Protection of Human Rights and Fundamental Freedoms
      statute
    • Treaty on the Functioning of the European Union
      statute
    • Streletz, Kessler and Krenz v. Germany (ECHR 2001-II)
      case-law
    • Plechkov v. Romania (no. 1660/03, 16 September 2014)
      case-law
    • N.D. and N.T. v. Spain (nos. 8675/15 and 8697/15, 13 February 2020)
      case-law
    • Pantalon v. Croatia (no. 2953/14, 19 November 2020)
      case-law
    • Del Río Prada v. Spain (no. 42750/09, ECHR 2013)
      case-law
    • Yüksel Yalçınkaya v. Türkiye (no. 15669/20, 26 September 2023)
      case-law
    • Vasiliauskas v. Lithuania (no. 35343/05, ECHR 2015)
      case-law
    • Al-Adsani v. the United Kingdom (no. 35763/97, ECHR 2001-XI)
      case-law
    • Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland (no. 45036/98, ECHR 2005 VI)
      case-law
    • Hassan v. the United Kingdom (no. 29750/09, ECHR 2014)
      case-law
    • Loizidou v. Turkey (merits) (18 December 1996, Reports of Judgments and Decisions 1996-VI)
      case-law
    • Demir and Baykara v. Turkey (no. 34503/97, ECHR 2008)
      case-law
    • Cyprus v. Turkey (no. 25781/94, ECHR 2014)
      case-law
    • Tănase v. Moldova (no. 7/08, ECHR 2010)
      case-law
    • Ukraine v. Russia (re Crimea) (nos. 20958/14 and 38334/18, 16 December 2020)
      case-law
    • Grzęda v. Poland (no. 43572/18, 15 March 2022)
      case-law
    • G.S.B. v. Switzerland (no. 28601/11, 22 December 2015)
      case-law
    • Al-Dulimi and Montana Management Inc. v. Switzerland (no. 5809/08, 21 June 2016)
      case-law
    • Magyar Helsinki Bizottság v. Hungary (no. 18030/11, 8 November 2016)
      case-law
    • Yașar v. Romania (no. 64863/13, 26 November 2019)
      case-law

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Chelleri and Others v. Croatia (ECtHR applications nos. 49358/22, 49562/22 and 54489/22) · Matter