Summary

Unjustified dismissal of Serbian ethnic origin teacher for failing to use standard Croatian in class, considered unable to adapt due to pre-retirement age.

Ruling

The Court

• Holds, unanimously, that the applicant’s heirs have standing to pursue the application in his stead and dismisses the Government’s objection in that respect;
• Declares, unanimously, the application admissible;
• Holds, by six votes to one, that there has been a violation of Article 8 of the Convention;
• Holds, by six votes to one, that there is no need to examine separately the complaints under Article 14 taken in conjunction with Article 8 of the Convention and under Article 1 of Protocol No. 12 to the Convention;
• Holds, by six votes to one,
  • (a)  that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement:
    • (i)  EUR 5,000 (five thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
    • (ii)  EUR 850 (eight hundred and fifty euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
  • (b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.