EU & Human Rights

NEU v. HUNGARY - 45392/05

[2009] ECHR 1697European Court of Human Rights2009

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This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

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

Françoise Tulkens, President, Vladimiro Zagrebelsky, Danutė Jočienė, Dragoljub Popović, András Sajó, Nona Tsotsoria, Kristina Pardalos, judges, and Sally Dollé , Section Registrar ,

The case originated in an application (no. 45392/05) 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 Gábor Neu (“the applicant”), on 14 December 2005 .

The applicant was represented by Mr A. Dörnyei, a lawyer practising in Budapest. The Hungarian Government (“the Government”) were represented by Mr L. Höltzl, Agent, Ministry of Justice and Law Enforcement.

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BAILII · Verbatim mirror

On 9 March 2009 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 1968 and lives in Isaszeg.

In October 1993 criminal proceedings were initiated against the applicant. On 29 June 1994 the applicant and ten other persons were indicted for 22 counts of trafficking in stolen goods.

After suspending the trial on several occasions because certain defendants had absconded, and following numerous hearings, on 18 September 2006 the Pest Central District Court sentenced the applicant to a fine.

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 contested that argument.

The Court observes that the period to be taken into consideration lasted almost thirteen years for one level of jurisdiction. In view of such lengthy proceedings, this complaint 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 Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999-II). 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 14,000 euros (EUR) in respect of non-pecuniary damage. (He made no claim for costs and expenses.) The Government contested the damages claim. The Court considers that the applicant must have sustained some non-pecuniary damage, and awards him, on the basis of equity, EUR 10,000.

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, EUR 10,000 (ten thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into Hungarian forints 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 3 November 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Sally Dollé Françoise Tulkens
Registrar President

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