SECOND SECTION
DECISION
Application no. 66367/09
Miksa JASZENOVICS
against Hungary
The European Court of Human Rights (Second Section), sitting on 4 March 2014 as a Committee composed of:
Helen Keller, President,
András Sajó,
Egidijus Kūris, judges,
and Stanley Naismith, Section Registrar,
Having regard to the above application lodged on 28 September 2009,
Having regard to the observations submitted by the respondent Government and those submitted in reply by the applicant,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Miksa Jaszenovics, is a Hungarian national, who was born in 1933 and lives in Pécs. He was represented before the Court by Ms O. Falus, a lawyer practising in Pécs.
The Hungarian Government (“the Government”) were represented by Mr Z. Tallódi, Agent, Ministry of Public Administration and Justice.
The circumstances of the case
The facts of the case, as submitted by the parties, may be summarised as follows.
It appears that in or after 1998 the applicant brought an official liability action against a court.
On 30 October 1997 the Tolna County Regional Court dismissed the action.
On 27 November 2008 the Győr Court of Appeal upheld this decision.
On 23 January 2009 the final decision was officially served on the applicant’s lawyer.
The Supreme Court did not examine the applicant’s ensuing petition for review, since it was lodged outside the statutory time-limit.
COMPLAINTS
The applicant complained under Article 6 of the Convention about the length, outcome and fairness of the proceedings.
THE LAW
The Court notes that the final domestic decision was served on the applicant’s lawyer on 23 January 2009; however, the application was introduced only on 28 September 2009; that is, outside the six-month time-limit laid down in Article 35 § 1 of the Convention.
It follows that the application must be rejected, pursuant to Article 35 § 4 of the Convention.
For these reasons, the Court unanimously
Declares the application inadmissible.
Stanley NaismithHelen Keller
RegistrarPresident
Full & Egal Universal Law Academy