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LUDÁNYI v. HUNGARY

Doc ref: 17248/16 • ECHR ID: 001-189999

Document date: January 17, 2019

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LUDÁNYI v. HUNGARY

Doc ref: 17248/16 • ECHR ID: 001-189999

Document date: January 17, 2019

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 17248/16 Tamás LUDÁNYI against Hungary (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 17 January 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 lodged on 8 February 2016 ,

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.

He was represented by Mr A. Béres-Deák a lawyer practising in Gyöngyös.

The applicant ’ s complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”) .

THE LAW

Complaints under Article 6 § 1 of the Convention

In the present application, having examined all the material before it, the Court considers that for the reasons stated below , the respondent Government can no more be held liable for the length of the proceedings.

In particular, the Court notes that the domestic courts expressly acknowledged the protraction of the proceedings and provided adequate redress by taking this circumstance into account as an important mitigating factor when assessing and fixing the criminal sanction.

In view of the above, the Court finds that these complaints are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 7 February 2019 .

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of criminal 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

17248/16

08/02/2016

Tamás Ludányi

02/06/1965

Béres-Deák Attila

Gyöngyös

04/07/2007

20/11/2015

8 year(s) and 4 month(s) and 17 day(s) 2 level(s) of jurisdiction

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