Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 17 stycznia 2019 r.
49045/14

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0117DEC004904514

FOURTH SECTION

DECISION

Application no. 49045/14

László Ferenc BALÁZS

against Hungary

The European Court of Human Rights (Fourth Section), sitting on 17 January 2019 as a Committee composed of:

Georges Ravarani, President,

Marko Bošnjak,

Péter Paczolay, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 June 2014,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant's details are set out in the appended table.

He was represented by Ms E. Balázsné Mohai, a lawyer practising in Budapest.

The applicant's complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government ("the Government").

Uzasadnienie prawne

THE LAW

Complaints under Article 6 § 1 of the Convention

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government can no more be held liable for the length of the proceedings.

In particular, the Court notes that the domestic courts expressly acknowledged the protraction of the proceedings and provided adequate redress by taking this circumstance into account as an important mitigating factor when assessing and fixing the criminal sanction.

In view of the above, the Court finds that these complaints are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

Sentencja

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Declares the application inadmissible.

Done in English and notified in writing on 7 February 2019.

Liv Tigerstedt

Georges Ravarani

Acting Deputy Registrar

President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of criminal proceedings)

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

49045/14

02/06/2014

László Ferenc Balázs

01/02/1951

Balázsné Mohai Éva

Budapest

16/06/2004

03/02/2014

9 year(s) and 7 month(s) and 19 day(s) 2 level(s) of jurisdiction