On 15 January 2007, Praxis submitted written comments to the European Court of Human Rights as an intervening third party in the Court’s proceedings in the case of Gajic v. Germany (App. No. 31446/02) pursuant to Article 36 (2) of the Convention and Rule 44 (2) of the Rules of the Court. The case concerns allegations of deprivation of property-related benefits stemming from the use of the applicant’s immovable property from June 1999 until July 2004 by German contingent of KFOR as a constituent element of the KFOR Multi-National Task Force South-West, stationed in Prizren, Kosovo.

In its submission, Praxis addressed general principles in respect to admissibility of the application, most notably the disputed issue of whether the case falls under the jurisdiction of Germany within the meaning of Article 1 of the Convention. Respondent Government argued lack of jurisdiction of the state and attributed the responsibility to the United Nations and NATO. Praxis challenged this standpoint by arguments indicating the responsibility of Germany for the mentioned violations of rights.

It should be noted that the Court’s decision in the case will determine the outcome of more than thirty cases related to German contingent of KFOR pending before the Ministry of Defence of the Federal Republic of Germany, which raise similar factual and legal issues as this case. Praxis will closely follow developments in the case.

Download: Praxis' Written Comments to the ECHR