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DOMOKOS AND OTHERS v. HUNGARY

Doc ref: 27943/15;59597/15;36885/17 • ECHR ID: 001-192636

Document date: March 21, 2019

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DOMOKOS AND OTHERS v. HUNGARY

Doc ref: 27943/15;59597/15;36885/17 • ECHR ID: 001-192636

Document date: March 21, 2019

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 27943/15 Gábor DOMOKOS against Hungary and 2 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 21 March 2019 as a Committee composed of:

Georges Ravarani, President, Marko Bošnjak, Péter Paczolay, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application s lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant s ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s and their representatives is set out in the appended table.

The applicants ’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Hungarian Government (“the Government”) . In application no. 36885/17, the applicant also raised a complaint under Article 13 of the Convention.

THE LAW

A. Joinder of the applications

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

B. Complaints under Article 6 § 1 of the Convention ( excessive length of civil proceedings )

In the present applications, having examined all the material before it, the Court considers that the overall length of the proceedings, which lasted approximately between four years and four years and a half for two levels of jurisdiction, did not exceed a reasonable tim e within the meaning of Article 6 § 1 of the Convention. It notes that there were no particular periods of inactivity imputable to the authorities, which acted with reasonable diligence, and that the disputes in question were of some complexity but did not concern matters of essential importance for the applicants (see, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII). It follows that thes e complaints are manifestly ill ‑ founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

C. Remaining complaint

In application no. 36885/17, the applicant also complained under Article 13 about the lack of an effective remedy in domestic law in respect of the excessive length of the civil proceedings. In the absence of an arguable claim of a violation of the applicant ’ s rights under Article 6 § 1, the related complaint under Article 13 raises no separate issue. It follows that it is also manifestly ill-founded and must be rejected pursuant to Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the application s inadmissible.

Done in English and notified in writing on 11 April 2019 .

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

No.

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

27943/15

04/06/2015

Gábor Domokos

17/08/1953

10/02/2011

19/01/2015

3 year(s) and 11 month(s) and 10 day(s) 2 level(s) of jurisdiction

59597/15

23/11/2015

Edina Berki

04/12/1989

Molnár László Sándor

Budapest

17/10/2012

28/04/2017

4 year(s) and 6 month(s) and 12 day(s) 2 level(s) of jurisdiction

36885/17

12/05/2017

Sándor Budai

30/12/1962

Strasser Tibor

Budapest

01/04/2012

22/09/2016

4 year(s) and 5 month(s) and 22 day(s) 2 level(s) of jurisdiction

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

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