Judgment concerning Slovenia

Human Rights building (detail)
03/03/26

In the case of Landika v. Slovenia the Court held that there had been no violation of the right to protection of property.

The case concerned the applicants’ inability to recover, under legislation enacted in Slovenia following the Court’s 2014 Grand Chamber judgment in Ališić and Others v. Bosnia and Herzegovina, Croatia, Serbia, Slovenia and the former Yugoslav Republic of Macedonia, their predecessor’s “old” foreign-currency savings deposited in the Sarajevo branch of Ljubljana Bank, as the claim relating to those savings had been transferred in 1998 to a privatisation account administered by the authorities of Bosnia and Herzegovina.

The Court found that Slovenia could not be considered liable for the “old” foreign-currency savings in question because the related claims had been transferred to the privatisation account in Bosnia and Herzegovina according to Bosnian-Herzegovinian legislation without the involvement of the Ljubljana Bank in Ljubljana. The Court also found that it had not been shown that Slovenia bore responsibility for any shortcomings in the regulation and management of the privatisation scheme in Bosnia and Herzegovina, or for the fact that the transfer of claims had been carried out without the respective savers’ consent. It was thus not responsible for the applicants’ inability to freely dispose of their predecessor’s savings. The Court observed that these issues had been thoroughly considered in the Slovenian proceedings, in which the applicants’ predecessor, and then the applicants themselves, had been able to fully participate. The Slovenian authorities’ decisions refusing their claim had been based on sound grounds.

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