CASE OF BENYÓ AND OTHERS v. HUNGARY

 
 
 
FOURTH SECTION
 
 
 
 
 
 
CASE OF BENYÓ AND OTHERS v. HUNGARY
 
(Application no. 76237/13 and 2 others applications - see appended list)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
JUDGMENT
 
 
 
 
STRASBOURG
 
7 March 2019
 
 
 
This judgment is final but it may be subject to editorial revision.

In the case of Benyó and Others v. Hungary,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt Acting Deputy Section Registrar,
Having deliberated in private on 14 February 2019,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. Notice of the applications was given to the Hungarian Government (“the Government”).
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the excessive length of civil proceedings. In application no. 14935/15, the applicants also raised a complaint under Article 13 of the Convention.
THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
6. The applicants complained principally that the length of the civil proceedings in question had been incompatible with the “reasonable time” requirement. They 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 applicants and the relevant authorities and what was at stake for the applicants 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.
III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
11. In application no. 14935/15, the applicants 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 discloses a violation of the Convention in the light of its findings in Gazsó v. Hungary (cited above, § 21).
IV. 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. Decides to join the applications;
 
2. Declares the applications admissible;
 
3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the excessive length of civil proceedings;
 
4. Holds that, in application no. 14935/15, there has been a violation of Article 13 of the Convention as regards the other complaint raised under well‑established case-law of the Court (see appended table);
 
5 Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts 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 amounts 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 7 March 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtGeorges Ravarani
              Acting Deputy RegistrarPresident

APPENDIX
List of applications 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]   
76237/13
18/11/2013
(4 applicants)
Gusztáv Benyó
04/12/1959
István SÁNDOR
02/08/1947
László SZÉP
03/04/1975
Andrea SZÉP
19/02/1974
Mészáros István Sándor
Budapest
05/09/2001
 
21/05/2013
 
11 year(s) and 8 month(s) and 17 day(s)
3 level(s) of jurisdiction
 
 
7,800 each to
Gusztáv Benyó and
István Sándor
 
3,900 each to
László Szép and
Andrea Szép   
14935/15
19/03/2015
(7 applicants)
Jánosné Bathó
11/12/1969
Erzsébet GYURKOVICS
17/03/1953
Szabolcs HEGEDŰS
28/07/1979
József István MELOVICS
21/06/1980
 
Károly Imre PINTÁCSI
02/03/1960
Tibor László STEIGER
19/11/1961
Attila SZKLADÁNYI
10/06/1981
Karsai Dániel András
Budapest
18/07/2007
 
30/01/2015
 
7 year(s) and 6 month(s) and 13 day(s)
3 level(s) of jurisdiction
 
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
2,600   
27900/15
12/05/2015
(6 applicants)
Zoltán Demeter
15/12/1958
László LENDVAY
28/09/1972
László VARGA
31/01/1981
György VASKOR
07/11/1971
Sándor Attila KISS
20/11/1967
István KIRÁLY
06/10/1961
 
Kulisityné Juhász Mária
Eger
13/08/2008
 
27/11/2014
 
6 year(s) and 3 month(s) and 15 day(s) 2 level(s) of jurisdiction
 
 
3,000
 
 
[1]. Plus any tax that may be chargeable to the applicants.

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