CEDH · CASELAW;COMMUNICATEDCASES;ENG — 3 janvier 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s39E5096F { margin-top:0pt; margin-bottom:14pt; text-align:center } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } .s127E6952 { margin-top:66pt; margin-bottom:14pt; text-indent:14.2pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } Published on 22 January 2024   FOURTH SECTION Application no. 38287/21 Kristina ĆEBIĆ against Serbia lodged on 19 July 2021 communicated on 3 January 2024 SUBJECT MATTER OF THE CASE The application concerns the applicant’s right to a fair hearing in the context of rectification proceedings. On 31 March 1998, the applicant instituted civil proceedings in Serbia against her father for unjust enrichment, as he had failed to hand over to her the child benefit he had allegedly been receiving in Switzerland, where he used to live. As the applicant was a minor at the time, she was represented by her mother and an attorney at law. In her claim, the applicant requested from the domestic courts to oblige her father to hand over to her “the total amount of CHF 1,200 on account of the child benefit he had received from 1 October 1989 to 31 March 1998, i.e. the amount of CHF 100 per month”. On 12 June 2000, the first instance court rendered a default judgement allowing her claim as filed. In the absence of an appeal by the applicant, the judgment became final. On 8 March 2004, the applicant filed a request for rectification of an error in the aforementioned judgment, alleging that the data contained in her claim clearly pointed to the sum of CHF   10,200 instead of CHF   1,200. On 19   October 2004, the first instance court dismissed the applicant’s request for rectification as unfounded and this decision was upheld by the Loznica High Court on 30 March 2017. The domestic courts, inter alia, pointed out that according to the rules of civil procedure they could correct only obvious errors in names, figures and other spelling errors and that it was the applicant who had specified a sum of CHF   1,200 in her claim. The final domestic decision was rendered by the Constitutional Court on 27 October 2020 and served on the applicant on 27 January 2021. The applicant complains under Article 6 § 1 of the Convention that the domestic courts, when dismissing her request for rectification of an error, acted in violation of her right to a fair trial. QUESTIONS TO THE PARTIES 1.     Was Article   6 §   1 of the Convention under its civil limb applicable to the proceedings in the present case?   2.     If so, 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 on account of the domestic courts’ dismissal of her request for rectification? In particular, was the domestic courts’ approach arbitrary or excessively formalistic?