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:
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.
THE LAWComplaints 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.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.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 31 October 2019.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
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.
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