European Court of Human Rights

 

 

 

FIFTH SECTION

 

CASE OF KILCHES v. AUSTRIA

( Application no. 79457/17 )

 

 

 

 

 

JUDGMENT

 

STRASBOURG

 

19 September 2019

 

 

 

 

 

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

 

In the case of Kilches v. Austria ,

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

Yonko Grozev, President,
Ganna Yudkivska,
André Potocki, judges,
and Liv Tigerstedt , Acting Deputy Section Registrar ,

Having deliberated in private on 29 August 2019 ,

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

PROCEDURE

1.     The case originated in an application against Austria lodged with the Court under Article   34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on 13   November   2017.

2.     Notice of the application was given to the Austrian Government ("the   Government").

THE FACTS

3.     The applicant ' s details and information relevant to the application are set out in the appended table.

4.     The applicant complained of the excessive length of civil proceedings .

THE LAW

1. ALLEGED VIOLATION OF ARTICLE   6 § 1 OF THE CONVENTION

5.     The applicant complained that the length of the civil proceedings in question had been incompatible with the "reasonable time" requirement. He 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 ..."

6.     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 applicant and the relevant authorities and what was at stake for the applicant in the dispute (see Frydlender v.   France [GC], no.   30979/96, §   43, ECHR 2000-VII).

7.     In the leading cases of Rambauske v. Austria, no. 45369/07, §§ 21-23, 28 January 2010, and Holzinger v. Austria (no. 2), no. 28898/95, §§ 26-29, 30 January 2001, the Court already found a violation in respect of issues similar to those in the present case.

8.     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.

9.     These complaints are therefore admissible and disclose a breach of Article   6 § 1 of the Convention.

2. APPLICATION OF ARTICLE   41 OF THE CONVENTION

10.     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."

11.     Regard being had to the documents in its possession and to its case - law (see, in particular, Rambauske v. Austria, no. 45369/07, §§ 16 and 32, 28 January 2010), the Court considers it reasonable to award the sum indicated in the appended table.

12.     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 application admissible;
2. Holds that this application disclose a breach of Article   6 § 1 of the Convention concerning the excessive length of civil proceedings ;
3. Holds

(a)   that the respondent State is to pay the applicant, within three months, the amount indicated in the appended table;

(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.

Done in English, and notified in writing on 19 September 2019 , pursuant to Rule   77   §§   2 and   3 of the Rules of Court.

Liv Tigerstedt Yonko Grozev

              Acting Deputy Registrar President

 

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

( excessive length of civil proceedings )

 

 

[1] .     Plus any tax that may be chargeable to the applicants .