FOURTH SECTION
CASE OF KHARON KFT AND FREHA v. HUNGARY
(Applications nos. 60670/11 and 64387/12)
JUDGMENT
STRASBOURG
20 October 2016
This judgment is final but it may be subject to editorial revision.
In the case of Kharon Kft and Freha v. Hungary,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Hasan Bakırcı Deputy Section Registrar,
Having deliberated in private on 29 September 2016,
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. The applicants were represented respectively by Dr. Paraizs József and Dr. Viszló László, lawyers practising in Budapest.
3. The applications were communicated to the Hungarian Government (“the Government”).
THE FACTS
4. The list of applicants and the relevant details of the applications are set out in the appended table.
5. The applicants complained of the excessive length of civil proceedings.
THE LAW
I. JOINDER OF THE APPLICATIONS
6. 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
7. The applicants complained 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 ... ”
8. 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).
9. In the leading case of Gazsó v. Hungary, no. 48322/12, 6 July 2015, the Court already found a violation in respect of issues similar to those in the present case.
10. 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.
11. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.
III. 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
(a) that the respondent State is to pay the applicants, within three months, the amounts 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 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 20 October 2016, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Hasan BakırcıVincent A. De Gaetano
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 name
Date of birth
Representative name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant / household
(in euros)[1]
60670/11
22/09/2011
KHARON KFT
Paraizs József
Budapest
26/11/2003
pending
12 years
3 levels of jurisdiction
6,000
64387/12
28/09/2012
Mahboubi FREHA
30/06/1971
Viszló László
Budapest
31/07/2006
28/03/2012
5 years and 8 months
3 levels of jurisdiction
1,000
[1] Plus any tax that may be chargeable to the applicants.
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