CEDH · CASELAW;COMMUNICATEDCASES;ENG — 4 février 2021

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Communicated on 4 February 2021 Published on 22 February 2021   SECOND SECTION Application no. 57776/16 Ruža MLADENOVIĆ against Serbia lodged on 17 September 2016 SUBJECT MATTER OF THE CASE The applicant complains, under Article 8 of the Convention and Article 1 of Protocol No. 1 thereto, about the “illegal construction of a building” very close to her own house which, inter alia , led to the undermining of the latter’s stability and consequently “a violation of her property rights”, as well as a “breach of her right to respect for her home and/or her family life”. Furthermore, under Article 6 and Article 13 of the Convention, the applicant complains about the overall fairness of the related proceedings and argues, in particular, that due to specific actions or omissions on the part of the respondent State’s authorities she was also deprived of the opportunity to properly take part in them, make use of certain existing remedies, and, ultimately, obtain effective redress domestically. QUESTIONS TO THE PARTIES 1.     Has the applicant exhausted or properly exhausted all effective domestic remedies, as required by Article   35 §   1 of the Convention? 2.     Did the applicant have a fair hearing in the determination of her civil rights and obligations, in accordance with Article   6 §   1 of the Convention? In particular and inter alia , was the applicant in any way denied or restricted in terms of taking part in the proceedings affecting her civil rights or obligations and/or was she properly served with all of the domestic decisions rendered in the course of those proceedings? 3.     Has there been a violation of the applicant’s right to respect for her family life and/or her home, contrary to Article   8 of the Convention? 4.     Has there been a violation of the applicant’s right to the peaceful enjoyment of her possessions, contrary to Article 1 of Protocol No.   1? 5.     Did the applicant have at her disposal an effective domestic remedy for her complaints, as required by Article   13 of the Convention?