REPCEVIRAG SZOVETKEZET v. HUNGARY - 70750/14 (Judgment : No Article 6 - Right to a fair trial : Fourth Section)

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

Jon Fridrik Kjølbro, President, Robert Spano, ad hoc judge, Faris Vehabović, Egidijus Kūris, Carlo Ranzoni, Georges Ravarani, Marko Bošnjak, judges, and Marialena Tsirli , Section Registrar ,

. The applicant challenged the decision of the Tax Authority before the administrative courts. Pointing to the special provisions applying to cooperatives and to the fact that its members paid contribution fees, it argued, on the basis of domestic law, that the service in question was to be considered a genuine economic activity.

. The questions thus proposed by the applicant for the purposes of a preliminary ruling read as follows:

"1. Does the reparation claim fall within the scope of European law in civil proceedings, such as actions in damages based on section 349 of the Hungarian Civil Code, brought by an individual against the Supreme Court of the Member State concerned, in which the plaintiff claims that the Supreme Court has violated a right conferred on him by a directly applicable provision of European law in previous administrative proceedings. If so, to what extent?