R.A. TRADE KFT v. HUNGARY (European Court of Human Rights)

Last Updated on April 24, 2019 by LawEuro

FOURTH SECTION

DECISION

Application no. 17352/15
R.A. TRADE KFT
against Hungary
(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 17 January 2019 as a Committee composed of:

Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 4 April 2015,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant company’s details are set out in the appended table.

The applicant company was represented by Ms M. Székely, a lawyer practising in Budapest.

Its complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Hungarian Government (“the Government”).

THE LAW

Complaints underArticle 6 § 1 of the Convention

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the length of the proceedings.

In particular, the Court notes that the applicant company is the sole shareholder of Váci58 Kft, which is the applicant in application no. 17342/15. This latter case concerns the duration of the same litigation and has been settled through a friendly settlement between the parties
(see, Petruska against Hungary (dec.), nos. 6910/15 and 9 others, 13 December 2018).

In view of the above, the Court finds that the present complaints are substantially the same as the subject matter of application no. 17342/15 that has already been examined by the Court and must be rejected in accordance with Article 35 §§ 2 (b) and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 7 February 2019.

Liv Tigerstedt                                                  Georges Ravarani
Acting Deputy Registrar                                                President

 

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

Application no.

Date of introduction

Applicant’s name

Date of registration

 

Representative’s name and location Start of proceedings End of proceedings Total length

Levels of jurisdiction

17352/15

04/04/2015

R.A. Trade Kft

01/02/1990

Székely Marianna

Budapest

02/05/2000

 

11/09/2014

 

14 year(s) and 4 month(s) and 10 day(s) 2 level(s) of jurisdiction

 

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