VARALJAI v. HUNGARY - 31172/07 [2010] ECHR 903 (15 June 2010)

JUDGMENT STRASBOURG June 2010 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Váraljai v. Hungary, The European Court of Human Rights (Second Section), sitting as a Chamber composed of: Françoise Tulkens, President, Danutė Jočienė, Dragoljub Popović, András Sajó, Nona Tsotsoria, Kristina Pardalos, Guido Raimondi, judges, and Françoise Elens-Passos, Deputy Section Registrar , Having deliberated in private on 25 May 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE The case originated in an application (no. 31172/07) 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, Mrs Jánosné Váraljai (“the applicant”), on 31 May 2007 . The Hungarian Government (“the Government”) were represented by Mr L. Höltzl, Agent, Ministry of Justice and Law Enforcement. On 9 February 2010 the President of the Second Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3). THE FACTS THE CIRCUMSTANCES OF THE CASE The applicant was born in 1943 and lives in Albertirsa. An inheritance action was filed against the applicant on 30 November 1999. On 16 April 2002 the Cegléd District Court found for the plaintiffs. This decision was quashed by the Pest County Regional Court 10 December 2002. The District Court gave a new judgment on 1 March 2005. On 19 December 2006 the Regional Court decided on the parties' appeals. This decision was served on 13 March 2007. THE LAW The applicant complained that the length of the proceedings had been incompatible with the “reasonable time” requirement of Article 6 § 1 of the Convention. The Government did not contest that argument. The Court observes that the period to be taken in to consideration lasted over seven years and three months for two levels of jurisdiction. In view of such lengthy proceedings, the application must be declared admissible. 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). 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. Relying on Article 41 of the Convention, the applicant claimed altogether 3.3 million Hungarian forints (HUF) plus accrued interest in respect of pecuniary and non-pecuniary damage. The Government contested the claim. The Court does not discern any causal link between the violation found and the pecuniary damage alleged; it therefore rejects this part of the claim. However, it considers that the applicant must have sustained some non-pecuniary damage. Ruling on an equitable basis, it awards her EUR 4,800 under that head. The applicant also claimed HUF 926,150 for the costs and expenses incurred before the domestic courts and the Court. The Government did not express an opinion on the matter. According to the Court's case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and were reasonable as to quantum. In the present case, regard being had to the documents in its possession and the above criteria, the Court considers it reasonable to award the applicant, who was not represented by a lawyer, the sum of EUR 500 under this head. The Court considers it appropriate that the default interest 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 Declares the application admissible; Holds that there has been a violation of Article 6 § 1 of the Convention; Holds (a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into Hungarian forints at the rate applicable at the date of settlement: (i) EUR 4,800 (four thousand eight 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; Dismisses the remainder of the applicant's claim for just satisfaction. Done in English, and notified in writing on 15 June 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Françoise Elens-Passos Françoise Tulkens Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII