CEDH · CASELAW;COMMUNICATEDCASES;ENG — 17 mai 2017

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase }   Communicated on 17 May 2017   FIRST SECTION Application no. 12261/15 CROATIA BUS d.o.o. against Croatia lodged on 3 March 2015 SUBJECT MATTER OF THE CASE The applicant is a transport company. The application concerns the applicant company’s lack of access to a court in proceedings by which it sought to challenge the Croatian Chamber of Commerce’s refusal to confirm its itinerary schedule, which needed to be obtained in order for it to apply for a transport licence. The Split Administrative Court held that only a decision granting a right on the basis of the approved itinerary schedule, which the applicant company could not obtain, could be challenged before a court. The applicant company complains that this brings it into an impossible situation as the fact that it did not obtain an approved itinerary schedule and thus a transport licence from the Croatian Chamber of Commerce prevents it from instituting the judicial proceedings for challenging the fact that it could not obtain the approval of the itinerary schedule and consequently the transport licence. QUESTIONS tO THE PARTIES Did the applicant company have access to a court with regard to its intention to obtain a transport licence, necessary for the carrying out its business activities, as required under Article 6 § 1 of the Convention? In particular, did the decision of the Split Administrative Court of 5 September 2013 unjustifiably restrict the applicant company’s right of access to a court in this respect?   The Government are requested to submit two copies of the relevant documents concerning the applicant company’s case.