The deleted member of an association must be able to bring a case before a court to cancel the deletion.

JUDGMENT

Lovrić v. Kroatia 04-04-2017 (no. 38458/15)

see here 

SUMMARY

The deletion by a hunting association, without being able to challenge the decision before a court, violates Article 6 § 1 of the European Convention according to the ECtHR.

PROVISION

Article 6 par. 1

PRINCIPAL FACTS

The applicant, Zvonimir Lovrić, is a Croatian national who lives in Čaglin (Croatia). The case concerned his expulsion from a hunting association and his inability to contest the decision in court. A member of a hunting association based in Čaglin, Mr Lovrić had disciplinary proceedings brought against him in 2012 for reporting another member of the association to the police. The association’s executive board considered this a serious breach of his duties as a member. The executive board then referred the matter for decision at a general meeting; at two separate sessions it was decided to expel Mr Lovrić. No reasons were given at either session. Mr Lovrić attempted to contest the decision to expel him before the judicial authorities, without success. His claim that the decision was in breach of the association’s statute was dismissed by the courts – ultimately in 2014 by the Supreme Court – as they found that the decision to expel a member concerned the association’s internal affairs, which could not be reviewed by the courts.

Mr Lovrić complained that he had been completely deprived of access to court to contest the decision to expel him from the hunting association, in breach of Article 6 § 1 of the European
Convention.

THE DECISION OF THE COURT

Violation of Article 6 § 1

Just satisfaction: The applicant did not submit a claim for just satisfaction.


ECHRCaseLaw

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