CASE OF KAHLERT v. HUNGARY (European Court of Human Rights)

FOURTH SECTION

CASE OF KAHLERT v. HUNGARY
(Application no. 57258/14)

JUDGMENT
STRASBOURG
17 January 2019

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

In the case of Kahlert v. Hungary,

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

Georges Ravarani, President,
Marko Bošnjak,
PéterPaczolay, judges,
and LivTigerstedtActingDeputy Section Registrar,

Having deliberated in private on 13 December 2018,

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

PROCEDURE

1.  The case originated in an application against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 7 August 2014.

2.  The applicant was represented by Mr D.A. Karsai, a lawyer practising in Budapest.

3.  Notice of the application was given to the Hungarian Government (“the Government”).

THE FACTS

4.  The applicant’s details and information relevant to the application are set out in the appended table.

5.  The applicant complained of the excessive length of civil proceedingsand the lack of a domestic remedy in this regard.

THE LAW

I.  ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION

6.  The applicant complained principally that the length of the civil proceedings in question had been incompatible with the “reasonable time” requirement. He relied on Article 6 § 1 of the Convention, which reads as follows:

Article 6 § 1

“In the determination of his civil rights and obligations … everyone is entitled to a … hearing within a reasonable time by [a] … tribunal …”

7.  The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicant and the relevant authorities and what was at stake for the applicant in the dispute (see Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).

8.  In the leading case of Gazsó v. Hungary, no. 48322/12, 16 July 2015, the Court already found a violation in respect of issues similar to those in the present case.

9.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the “reasonable time” requirement.

10.  These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.

II.  OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

11.  The applicant submitted another complaint which raised issues under Article 13 of the Convention, given the relevant well-established case-law of the Court (see appended table). This complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor is it inadmissible on any other ground. Accordingly, it must be declared admissible. Having examined all the material before it, the Court concludes that it also disclosesa violation of the Convention in the light of its findings in Gazsó v. Hungary (cited above, § 21).

III.  APPLICATION OF ARTICLE 41 OF THE CONVENTION

12.  Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

13.  Regard being had to the documents in its possession and to its case‑law, the Court considers it reasonable to award the sums indicated in the appended table.

14.  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 this application disclose a breach of Article 6 § 1 of the Convention concerning the excessive length of civil proceedings;

3.  Holds that there has been a violation of Article 13 of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);

4.  Holds

(a)  that the respondent State is to pay the applicant, within three months, the amount indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

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

Done in English, and notified in writing on 17 January 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

LivTigerstedt                                                               Georges Ravarani
Acting Deputy Registrar                                                            President

 

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

No. Application no.

Date of introduction

Applicant’s name

Date of birth

 

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

Levels of jurisdiction

Other complaints under well-established case-law Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)
1. 57258/14

07/08/2014

Bernhard Rolf Horst Kahlert

07/05/1958

KarsaiDánielAndrás

Budapest

20/01/2006

 

19/11/2014

 

8 year(s) and 10 month(s) 2 level(s) of jurisdiction

 

Art. 13 – lack of any effective remedy in domestic law in respect of excessive length of civil proceedings – 4,000

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