According to Croatian law, it is within the competence
of regular courts to assess evidence, determine whether facts have
been proven and, ultimately, render a conclusion on the basis of
such facts. The Constitutional Court of Croatia in its recent
ruling No. U-III-2791/2016 from 1 February 2018 stated that, in
exceptional circumstances, it is also within its authority to
engage in the examination of evidence and facts of the case, but
only to the extent necessary to provide protection from arbitrary
court decisions.
Back in March 2015, the Croatian Competition Agency passed a
decision in which it established that there was a prohibited cartel
agreement between seven of the largest personal and asset security
providers in Croatia. The decision was challenged by its addressees
all the way to the High Administrative Court of Croatia, which
upheld the Agency's decision. The Court's ruling was then
ultimately challenged before the Constitutional Court for
