2
KURIĆ AND OTHERS v. SLOVENIA JUDGMENT
They also complained under Article 13 of the Convention that no effective
legal remedies were available in that respect, and under Article 14, read in
conjunction with Article 8 of the Convention, that they had been subjected
to discriminatory treatment. Lastly, they submitted that, in breach of
Article 1 of Protocol No. 1, they had been arbitrarily denied their pension
rights.
5. The application was allocated to the Court’s Third Section (Rule 52
§ 1 of the Rules of Court), which decided on 10 November 2006 to notify
the respondent Government of it as a matter of urgency under Rule 40 of the
Rules of Court and to grant priority to it under Rule 41.
6. On 31 May 2007 the Third Section, composed of the following
judges: Corneliu Bîrsan, Boštjan M. Zupančič, Elisabet Fura, Alvina
Gyulumyan, Egbert Myjer, David Thór Björgvinsson and Ineta Ziemele,
and also of Santiago Quesada, Section Registrar, decided to give notice to
the respondent Government of the complaints under Article 8, taken alone
and in conjunction with Articles 13 and 14 of the Convention and under
Article 1 of Protocol No. 1. It was also decided to rule on the admissibility
and merits of the application at the same time (Article 29 § 1). The
remainder of the application was declared inadmissible.
7. Furthermore, third-party comments were received from the Serbian
Government, who had exercised their right to intervene (Article 36 § 1 of
the Convention and Rule 44 § 1 (b)). Third-party observations were also
submitted by the Equal Rights Trust, Open Society Justice Initiative, the
Peace Institute – Institute for Contemporary Social and Political Studies,
and the Legal Information Centre of Non-Governmental Organisations,
which had been given leave by the President to intervene in the written
procedure (Article 36 § 2 of the Convention and Rule 44 § 3). The
respondent Government and the applicants replied to the Serbian
Government’s comments.
8. Further to the notification under Article 36 § 1 of the Convention and
Rule 44 § 1 (a), the Croatian Government and the Government of Bosnia
and Herzegovina did not wish to exercise their right to intervene in the
present case.
9. On 13 July 2010 a Chamber of the Third Section, composed of the
following judges: Josep Casadevall, Elisabet Fura, Corneliu Bîrsan, Boštjan
M. Zupančič, Alvina Gyulumyan, Egbert Myjer and Ineta Ziemele, and also
of Santiago Quesada, Section Registrar, declared the application admissible
in respect of the complaints of eight of the applicants under Articles 8, 13
and 14 of the Convention, and held unanimously that there had been a
violation of Articles 8 and 13 of the Convention and that it was not
necessary to examine the complaint under Article 14 of the Convention. The
Chamber also held that a relative of the late applicant Mr Makuc did not
have standing to continue the proceedings in his stead. The complaints of
Mr Petreš and Mr Jovanović, who had been granted permanent residence