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J.N. v. HUNGARY

Doc ref: 31004/96 • ECHR ID: 001-45964

Document date: January 21, 1998

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J.N. v. HUNGARY

Doc ref: 31004/96 • ECHR ID: 001-45964

Document date: January 21, 1998

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

FIRST CHAMBER

Application No. 31004/96

J. N.

against

Hungary

REPORT OF THE COMMISSION

(adopted on 21 January 1998)

TABLE OF CONTENTS

Page

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . .1

PART I : STATEMENT OF THE FACTS. . . . . . . . . . . . . . .2

PART II : SOLUTION REACHED. . . . . . . . . . . . . . . . . .3

INTRODUCTION

1. This Report relates to the application introduced under

Article 25 of the European Convention for the Protection of Human

Rights and Fundamental Freedoms by J. N. against Hungary on

3 October 1995. It was registered on 12 April 1996 under file

No. 31004/96.

2. The Government of Hungary were represented by their Agent,

Dr Károly Bárd, then of the Ministry of Justice. The applicant was

represented by Mr T. Kis, a lawyer practising in Komárom, Hungary.

3. On 2 July 1997 the Commission (First Chamber) declared the

application admissible. It then proceeded to carry out its task

under Article 28 para. 1 of the Convention which provides as follows:

"In the event of the Commission accepting a petition referred to

it:

a. it shall, with a view to ascertaining the facts, undertake

together with the representatives of the parties an examination

of the petition and, if need be, an investigation, for the

effective conduct of which the States concerned shall furnish all

necessary facilities, after an exchange of views with the

Commission;

b. it shall at the same time place itself at the disposal of

the parties concerned with a view to securing a friendly

settlement of the matter on the basis of respect for Human Rights

as defined in this Convention."

4. The Commission (First Chamber) found that the parties had reached

a friendly settlement of the case and on 21 January 1998 it adopted

this Report, which, in accordance with Article 28 para. 2 of the

Convention, is confined to a brief statement of the facts and of the

solution reached.

5. The following members were present when the Report was adopted:

MM N. BRATZA, Acting President

E. BUSUTTIL

A. WEITZEL

C.L. ROZAKIS

Mrs J. LIDDY

MM L. LOUCAIDES

B. MARXER

B. CONFORTI

I. BÉKÉS

G. RESS

A. PERENIC

C. BÎRSAN

M. VILA AMIGÓ

Mrs M. HION

Mr R. NICOLINI

PART I

STATEMENT OF THE FACTS

6. The applicant is a Hungarian citizen born in 1942 and resident

in Tata, Hungary. Before the Commission, she was represented by

Mr T. Kis, a lawyer practising in Komárom, Hungary.

7. The applicant complained under Article 6 para. 1 (Art. 6-1) of

the Covention about the length of a set of civil court proceedings

which concerned a last will dispute. In May 1990 Mr S. brought an

action against the applicant before the Tatabánya District Court

(Tatabányai Városi Bíróság). Mr S. challenged the validity of a last

will made in the applicant's favour. On 29 June 1995 the District Court

eventually dismissed the plaintiff's claims. On 6 September 1995 this

decision became final.

PART II

SOLUTION REACHED

8. Following the decision on the admissibility of the application,

the Commission (First Chamber) placed itself at the disposal of the

parties with a view to securing a friendly settlement in accordance

with Article 28 para. 1 (b) of the Convention and invited the parties

to submit any proposals they wished to make.

9. In accordance with the usual practice, the Chamber Secretary,

acting on the Commission's instructions, contacted the parties to

explore the possibilities of reaching a friendly settlement.

10. By letters of 27 August and 23 September 1997, respectively, the

applicant and the respondent Government indicated their willingness,

in principle, to reach a friendly settlement.

11. On 20 November 1997 the applicant's lawyer submitted that he

could accept, as the basis of a friendly settlement of the case, the

payment to the applicant of a sum of money amounting to

750,000 Hungarian forints (HUF) with regard to the applicant's non-

pecuniary damages and HUF 37,000 for the legal costs incurred.

12. By letter of 5 January 1998, the Government notified the

Commission that they accepted the terms of a settlement as proposed by

the applicant's lawyer.

13. At its session on 21 January 1998, the Commission noted that the

parties had reached an agreement regarding the terms of a settlement.

It further considered, having regard to Article 28 para. 1 (b) of the

Convention, that the friendly settlement of the case had been secured

on the basis of respect for Human Rights as defined in the Convention.

14. For these reasons, the Commission adopted the present Report.

M.F. BUQUICCHIO N. BRATZA

Secretary Acting President

to the First Chamber of the First Chamber

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