European Court of Human Rights

 

 

 

SECOND SECTION

 

 

 

 

 

 

CASE OF BAKSA v. HUNGARY

 

(Application no. 44880/08)

 

 

 

 

 

 

 

JUDGMENT

 

 

 

 

STRASBOURG

 

11 June 2013

 

 

This judgment is final but it may be subject to editorial revision.

 




In the case of Baksa v. Hungary,

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

          Peer Lorenzen, President,
          András Sajó,
          Nebojša Vučinić, judges,
and Françoise Elens-Passos, Acting Deputy Section Registrar,

Having deliberated in private on 21 May 2013,

Delivers the following judgment, which was adopted on that date:

PROCEDURE




  The case originated in an application (no. 44880/08) 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 György Baksa (“the applicant”), on 12 September 2008.




  The applicant was represented by Mr Cs. Bognár, a lawyer practising in Budapest. The Hungarian Government (“the Government”) were represented by Mr Z. Tallódi, Agent, Ministry of Public Administration and Justice.




  On 21 January 2013 the application was communicated to the Government.

THE FACTS

THE CIRCUMSTANCES OF THE CASE




  The applicant was born in 1949 and lives in Budapest.




  In 2001 the applicant lodged an action in damages against the owner of a flat in which he lived with his family. He also sought the protection of possession with respect to the flat. The respondent lodged a counter-claim seeking the payment of usage fees for the flat.




  After having held several hearings and obtained the opinions of experts, on 14 November 2007 the Budapest Regional Court delivered its judgment, finding that the respondent was liable for the damages sought. It partly upheld the counter-claim of the respondent and ordered the applicant to pay usage fees for the flat.




  On 15 January 2008 the Budapest Court of Appeal, sitting as a second-instance court, increased the amount to be paid to the applicant.




  On 26 June 2008, the Supreme Court, acting as a review instance, upheld decreased the amount to be paid to the applicant and increased the amount of usage fees to be paid to the respondent.

THE LAW

  ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION




  The applicant complained that the length of the proceedings had been incompatible with the “reasonable time” requirement, of Article 6 § 1 of the Convention, which reads as follows:

“In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by a ... tribunal...”




  The Government contested that argument.




  The period to be taken into consideration began in 2001 and ended on 26 June 2008. It thus lasted approximately seven years for three levels 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, among many other authorities, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).




  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.




  The applicant further complained that the length of the proceedings complained of had infringed his right to the peaceful enjoyment of his possessions, as guaranteed by Article 1 of Protocol No. 1.




  The Court notes that this complaint is linked to the one examined above and must therefore likewise be declared admissible.




  Having regard to its finding under Article 6 § 1 (see paragraph 14 above), the Court considers that it is not necessary to examine whether, in this case, there has been a violation of Article 1 of Protocol No. 1 (see Zanghì v. Italy, 19 February 1991, § 23, Series A no. 194-C).




  The applicant lastly complained that he suffered non-pecuniary damages in that his family had disintegrated due to the conduct of the owner. He alleged a violation of Article 8 of the Convention.




  The Court notes that the applicant could have brought an action against the owner of the flat seeking compensation for damages under section 339 of the Civil Code. However, he did not do so. This aspect of the case cannot therefore be examined on the merits for non-exhaustion of domestic remedies (see for example Horváth and Vadászi v. Hungary (dec.), no. 2351/06, 9 November 2010). This complaint must therefore be rejected, pursuant to Article 35 §§ 1 and 4 of the Convention.




  Relying on Article 41 of the Convention, the applicant claimed 120,000 euros (EUR) in respect of non-pecuniary damage incurred on account of the unreasonably lengthy proceedings.




  The Government contested the claims.




  The Court considers that the applicant must have sustained some non-pecuniary damage and awards him, on the basis of equity, EUR 1,300 under this head.




  The applicant made no costs claim in relation to his length complaint.




  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.  Declares the complaints concerning Article 6 § 1of the Convention and Article 1 of Protocol No. 1 admissible and the remainder of the application inadmissible;

 

2.  Holds that there has been a violation of Article 6 § 1 of the Convention;

 

3.  Holds that there is no need to examine the complaint under Article 1 of Protocol No. 1;

 

4.  Holds

(a)  that the respondent State is to pay the applicant, within three months, EUR 1,300 (one thousand three hundred 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;

 

5.  Dismisses the remainder of the applicant’s claim for just satisfaction.

Done in English, and notified in writing on 11 June 2013, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Françoise Elens-Passos                                                          Peer Lorenzen
Acting Deputy Registrar                                                            President