FOURTH SECTION

DECISION

Application no. 73665/17 Tibor Máté TAKÁCS against Hungary

The European Court of Human Rights (Fourth Section), sitting on 12 November 2019 as a Committee composed of:

Branko Lubarda, President, Carlo Ranzoni, Péter Paczolay, judges, and Andrea Tamietti, Deputy Section Registrar ,

Having regard to the above application lodged on 6 October 2017,

Having deliberated, decides as follows:

THE FACTS

1 . The applicant, Mr Tibor Máté Takács, is a Hungarian national, who was born in 1963 and lives in Budapest. He was represented before the Court by Mr C. Gyuris, a lawyer practising in Vác.

2 . The facts of the case, as submitted by the applicant, may be summarised as follows.

3 . A company brought an action against the applicant, claiming a sum of money. On 9 July 2015 the Budapest Surroundings High Court found against the applicant.

4 . On 3 February 2016 the Budapest Court of Appeal upheld this decision.

5 . On 30 March 2017 the Kúria upheld the lower courts ’ decisions (service: 5 October 2017).

6 . The applicant alleged that the transcription of a voice recording that had been made without his consent was admitted as evidence, without it being played at the hearing.

7 . The Fundamental Law of Hungary provides:

Article VI

“(1) Everyone shall have the right to respect for his or her private and family life, home, communications and reputation.

...

Article XXIV

(1) Everyone shall have the right to have his or her affairs handled impartially, fairly and within a reasonable time by the authorities. This right includes the obligation of such authorities to give reasons for their decisions.

....”

Article XXVIII

(1) In the determination of his or her civil rights and obligations or of any criminal charge against him or her, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.”

COMPLAINTS

8 . The applicant complained under Articles 6 and 8 of the Convention that the use in the proceedings of the voice recording resulted in an unfair procedure and represented a breach of his personality rights.

THE LAW

9 . The applicant complained about the courts ’ reliance of the voice recording in question. He invoked Articles 6 and 8 of the Convention.

10 . Article 6 § 1 provides as relevant:

“In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by [a] ... tribunal ...”

11 . Article 8 reads as follows:

“1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

12 . The Court has already held that a constitutional complaint under section 26(1) and/or section 27 of the Constitutional Court Act is an effective remedy normally to be exhausted for the purposes of Article 35 § 1 of the Convention in situations where the application concerns Convention rights equally protected by the Fundamental Law of Hungary (see Szalontay v. Hungary (dec.), no. 71327/13, §§ 29-41, 12 March 2019).

13 . The present case pertains to the applicant ’ s grievances concerning fair trial and respect for private life – rights enshrined in Articles 6 and 8 of the Convention and Articles VI, XXIV and XXVIII of the Fundamental Law of Hungary (see paragraph 7 above).

14 . It follows that the constitutional complaint was an effective remedy to exhaust in the circumstances.

15 . Since the applicant did not avail himself of this legal avenue, the application must be rejected for non ‑ exhaustion of domestic remedies, according to Article 35 §§ 1 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 5 December 2019 .

Andrea Tamietti Branko Lubarda Deputy Registrar President