ECtHR finds Croatia breached right of access to a court over municipal lease tender

On 29 October 2026, the European Court of Human Rights (First Section) delivered its Chamber judgment in Fišić v. Croatia (Application no. 18788/22). The case concerned the applicant’s inability to obtain judicial review of a mayoral decision adopted in a public tender for the lease of municipal property, in which he had taken part as a bidder. The Court unanimously held that this had violated the applicant’s right of access to a court under Article 6 § 1 of the Convention.

In 2017, the applicant bid in a public call for tenders for the lease of a municipal public area in Župa dubrovačka for a vending stand. He offered HRK 16 per square metre per day. The previous lessee offered HRK 11. Applying a municipal rule giving priority to