The site of the former Dalmacija ferroalloy factory in Dugi Rat has for decades stood as a symbol of environmental injustice. Despite years of warnings from local residents about the consequences of toxic slag piling up unchecked just meters from the sea, the Commercial Court in Split has dismissed a lawsuit aimed at protecting the collective interests and rights of citizens to a healthy environment – rights endangered by the authorities’ long-standing neglect of remediation efforts. The ruling leaves the community without legal acknowledgment of their demands for a clean and safe living space.
The claim was dismissed due to a lack of active legal standing – meaning that, according to the court, the environmental NGO Sunce and/or local civic initiatives are not legally authorized to initiate such proceedings before the competent authority or court.
– This legal gap prevents organized civil society and the public from defending the environment and restricts the fundamental right to access justice. We will not give up. We will continue using legal remedies while also seeking political accountability, increasing pressure on institutions, and pushing for legislative change. If this ruling means that the current legal framework doesn’t protect citizens from pollution or allow for compensation, then the law must change, – said Gabrijela Medunić-Orlić, Executive Director of Sunce.
The ruling is a major setback for the local civic initiative “ZA Dugi Rat” and NGO Sunce, who have spent nearly a decade fighting institutional silence and environmental neglect. Instead of triggering the long-overdue remediation and removal of toxic slag, residents are once again confronted with the message that, in the eyes of the institutions, their health is not a priority.
Citizens left unprotected, environment still in peril
The legal fight began in 2017, when residents – facing a rise in respiratory and cancer-related illnesses, as well as daily air, sea, and soil pollution –formed the civic initiative “ZA Dugi Rat.” A turning point came when they partnered with NGO Sunce, which provided legal support and repeatedly called out the passivity of state institutions.
Sunce was represented in court by attorneys Ivana Krstulović and Andrea Tvrdić, who, together with the NGO’s legal team, prepared a class action lawsuit based on the Civil Procedure Act. This type of lawsuit is a legal instrument made available to associations and similar organizations specifically for cases in which the wider community is exposed to serious violations or threats to collective rights. The goal was to compel authorities to implement long-standing remediation decisions and enable residents to claim compensation for environmental damage.
However, despite clear documentation of failings by the Ministry of Economy and Environmental Protection – who never supervised the execution of remediation efforts, resulting in years of environmental degradation – the court ultimately rejected the claim.
Equally discouraging is the fact that the court process lasted more than two years, despite the case legally qualifying for fast-track proceedings. From the filing of the lawsuit in 2023 to the rejection of the claim in July 2025, citizens waited for justice. The slowness of the process sends a clear message: even when public health is directly at risk, the system remains sluggish. For many in the community, the verdict is not only a courtroom defeat but also a loss of faith in the institutions meant to protect the public interest.
Civic resistance endures
Although the legal battle didn’t yield the desired outcome, the mere fact that a class action lawsuit to defend the right to a healthy environment was filed and went through the judicial system represents an important milestone for environmental law in Croatia. It stands as one of the rare attempts to use legal tools for collective environmental protection – a move that now demands broader institutional, political, and public response.
– Any legal avenue or tool aimed at environmental protection inevitably impacts the broader public, never just the individual taking action. Even though the outcome in this case was negative, I see it as a positive step that it contributed to legal precedent and opened up a more serious dialogue around protecting the collective right to a healthy environment. Lawmakers must recognize the need to clearly define the right to collective legal action in environmental protection through legislation. I commend Sunce’s persistence and willingness to challenge institutional failings, which continues to advance environmental law in Croatia – a necessary condition for changing both legislation and institutional and civic behavior, – said Ivana Krstulović, attorney for NGO Sunce.
This ruling could have marked a historic step forward in protecting citizens’ right to a healthy environment. Instead, it stands as a reminder of the limitations of a system that often ignores the real needs of communities. In Dugi Rat, the “black hill” of toxic slag remains in place, as a lingering symbol of how difficult it is to compel institutions to act in defense of people’s health and lives.