Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 10 października 2019 r.
57326/18

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:1010DEC005732618

FOURTH SECTION

DECISION

Application no. 57326/18

Gabriella KOLOZSY

against Hungary

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 10 October 2019 as a Committee composed of:

Stéphanie Mourou-Vikström, President,

Georges Ravarani,

Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 27 November 2018,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

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

The applicant was represented by Mr D.A. Karsai, a lawyer practising in Budapest.

The applicant's complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Hungarian Government ("the Government"). A complaint based on the same facts was also communicated under Article 13 of the Convention.

Uzasadnienie prawne

THE LAW

A. Complaints under Article 6 § 1 of the Convention (excessive length of civil proceedings)

In the present application, having examined all the material before it, the Court considers that for the reasons stated below these complaints are inadmissible.

In particular, the Court notes that the civil proceedings have so far lasted some five years and seven months for three levels of jurisdiction which cannot be considered excessive.

In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

B. Remaining complaints

The applicant also raised a complaint under Article 13 of the Convention concerning the lack of any effective remedy for her complaint about the length of the proceedings.

The Court observes that the applicant's complaint under Article 6 § 1 of the Convention is inadmissible within the meaning of Article 35 § 3 of the Convention. It follows that she has no "arguable claim" of a violation of her rights under Article 6 § 1 for the purposes of Article 13 of the Convention.

This part of the application is therefore incompatible ratione materiae with the provision of the Convention within the meaning of Article 35 § 3 (a) and must be rejected, in accordance with Article 35 § 4 of the Convention.

Sentencja

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Declares the application inadmissible.

Done in English and notified in writing on 31 October 2019.

Liv Tigerstedt

Stéphanie Mourou-Vikström

Acting Deputy Registrar

President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of civil 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

Other complaints under well-established case-law

57326/18

27/11/2018

Gabriella Kolozsy

14/04/1976

Karsai Dániel András

Budapest

05/02/2014

pending

About 5 year(s) and 7 month(s) and 6 day(s) 3 level(s) of jurisdiction

Art. 13 - lack of any effective remedy in domestic law - There is no remedy against protraction of civil proceedings.