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POPOVICS v. HUNGARY

Doc ref: 15611/17 • ECHR ID: 001-196247

Document date: August 29, 2019

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POPOVICS v. HUNGARY

Doc ref: 15611/17 • ECHR ID: 001-196247

Document date: August 29, 2019

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 15611/17 Magdaléna POPOVICS against Hungary

(s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 29 August 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 14 February 2017,

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 ’ s complaint under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings was communicated to the Hungarian Government (“the Government”) . The applicant also raised a complaint under Article 13 of the Convention.

THE LAW

In the present application, having examined all the material before it, and noting that the applicant contributed to certain delays, the Court considers that the overall length of the proceedings, less than four years for two levels of jurisdiction, did not exceed a reasonable time within the meaning of Article 6 § 1 of the Convention.

In view of the above, the Court finds that this complaint is manifestly ill ‑ founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

The applicant also raised a complaint under Article 13 of the Convention.

The Court observes that the applicant ’ s complaint under Article 6 § 1 of the Convention is manifestly ill-founded within the meaning of Article 35 § 3 (a) 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.

It follows that this part of the application is incompatible ratione materiae with the provision s 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 19 September 2019 .

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President

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

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

15611/17

14/02/2017

Magdaléna Popovics

16/03/1960

18/10/2012

19/09/2016

3 year(s) and 11 month(s) and 2 day(s)

2 level(s) of jurisdiction

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