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You are here: BAILII >> Databases >> European Court of Human Rights >> KVACSKAY v. HUNGARY - 60459/12 - Committee Judgment [2014] ECHR 422 (22 April 2014) URL: http://www.bailii.org/eu/cases/ECHR/2014/422.html Cite as: [2014] ECHR 422

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SECOND SECTION

 

 

 

 

 

 

CASE OF KVACSKAY v. HUNGARY

 

(Application no. 60459/12)

 

 

 

 

 

 

 

JUDGMENT

 

 

 

 

 

 

STRASBOURG

 

22 April 2014

 

 

 

 

This judgment is final but it may be subject to editorial revision.

 




In the case of Kvacskay v. Hungary,

The European Court of Human Rights (Second Section), sitting as a Committee composed of:

     Helen Keller, President,
     András Sajó,
     Egidijus Kūris, judges,
and Stanley Naismith, Section Registrar,

Having deliberated in private on 25 March 2014,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in an application (no. 60459/12) against the Republic of Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Hungarian national, Mr Károly Kvacskay (“the applicant”), on 9 September 2012.

2.  The Hungarian Government (“the Government”) were represented by Mr Z. Tallódi, Agent, Ministry of Public Administration and Justice.

3.  On 17 October 2013 the application was communicated to the Government.

THE FACTS

THE CIRCUMSTANCES OF THE CASE

4.  The applicant was born in 1964 and lives in Budapest.

5.  In a real estate dispute, on 19 May 2002 the applicant brought an action before the Tapolca District Court.

6.  After two remittals, the District Court gave judgment on 9 June 2011, which was partly reversed by the Veszprém County Regional Court on 28 February 2012 (service: 14 March 2012). On 22 May 2012 the proceedings were finally terminated, by way of a rectification order.

THE LAW

7.  The applicant complained that the length of the proceedings had been incompatible with the “reasonable time” requirement of Article 6 § 1 of the Convention.

8.  The Government contested that argument.

9.  The period to be taken into consideration began on 19 May 2002 and ended on 22 May 2012. It thus lasted ten years for two levels of jurisdiction. In view of such lengthy proceedings, this application must be declared admissible.

10.  The Court has frequently found violations of Article 6 § 1 of the Convention in cases raising issues similar to the one in the present application (see, among many other authorities, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).

11.  Having examined all the material submitted to it, the Court considers that the Government have not put forward any fact or convincing argument capable of persuading it to reach a different conclusion in the present circumstances. Having regard to its case-law on the subject, the Court considers that the length of the proceedings was excessive and failed to meet the “reasonable time” requirement.

There has accordingly been a breach of Article 6 § 1.

12.  Relying on Article 41 of the Convention, the applicant claimed altogether 89,030 euros (EUR) for pecuniary and non-pecuniary damage and costs, combined.

The Government contested these claims.

13.  The Court does not discern any causal link between the violation found and the pecuniary damage alleged; it therefore rejects this claim. However, it considers that the applicant must have sustained some non-pecuniary damage. Ruling on the basis of equity, it awards him EUR 4,500 under that head.

14.  Moreover, regard being had to the documents in its possession and to its case-law, the Court considers it reasonable to award the applicant, who was not represented by a lawyer, the sum of EUR 500 for his costs and expenses.

15.  The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1.  Declares the application admissible;

 

2.  Holds that there has been a violation of Article 6 § 1 of the Convention;




 

 

3.  Holds

(a)  that the respondent State is to pay the applicant, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement:

(i)  EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;

(ii)  EUR 500 (five hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;

(b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

 

4.  Dismisses the remainder of the applicant’s claim for just satisfaction.

Done in English, and notified in writing on 22 April 2014, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Stanley Naismith                                                                     Helen Keller
       Registrar                                                                              President