Milivoje Zugic said today's decision was not a merit decision, that no one had won and that it was a surprise both for himself and for Slovenia.
The other attorney, Zvonko Nogolica, said today's decision was in direct contrast to the 1 April 2004 decision, which allowed the former depositors' request in the Kovacic and Others case and whereby the Court proclaimed itself competent for the settlement of the dispute.
"This is a compromise decision," Nogolica said, voicing confidence that it would not be difficult to contest. He added he was disappointed that proceedings had lasted eight years.
Ivo Kovacic, Marijan Mrkonjic and Dolores Golubic filed a lawsuit with the Strasbourg-based Court in 1997 against Slovenia over their inability to collect their savings deposits in Ljubljanska Banka.
In today's decision, the Court said that Kovacic and Mrkonjic were paid in July 2005 based on an Osijek County Court decision after Ljubljanska Banka sold its real estate in that eastern Croatian city.
In Golubovic's case, the Court established that she had not taken any legal steps in Croatia for unknown reasons.
Zugic and Nogolica said the European Court had not entered the merit of the issue or attempted to determine if Slovenia's constitution, which precludes lawsuits against Slovene banks, clashed with the European Convention on Human Rights.
"The Slovene constitution not only precludes seeking justice before national courts, but does not recognise other, let's say Croatian courts, when it comes to Ljubljanska Banka," said Zugic. He added lawsuits were filed in Strasbourg to prevent their clients' claims from being legally obstructed in Slovenia and so that they could be repaid.
Nogolica said the European Court's 2004 decision acknowledged that their clients were deprived of legal means in Slovenia, and once again reiterated that today's decision was fully opposite to the one from 2004.
The two attorneys said they would continue to fight for their clients. They said several thousand lawsuits might be expected in Strasbourg and that the Court would then have to enter the merit of the issue. About 130,000 former Ljubljanska Banka clients claim back savings totalling around 170 million euros.
Zugic and Nogolica estimate the bank does not have more than five million euros in real estate and that this amount could settle the claims of only a small number of former depositors. The new Ljubljanska Banka is state-owned, but if Slovenia were to possibly pay the damages, court proceedings must be held in Slovenia.
"Under the Slovene constitution, that is impossible for now, which is why it is important to continue the legal battle in Strasbourg," the attorneys said.