SECOND SECTION

CASE OF CSABAINÉ GYŐRI v. HUNGARY

( Application no. 14996/05 )

JUDGMENT

STRASBOURG

2 7 March 2008

FINAL

27/06/2008

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Csabainé Győri v. Hungary ,

The European Court of Human Rights ( Second Section ), sitting as a Chamber composed of:

Françoise Tulkens , President, Ireneu Cabral Barreto , Rıza Türmen , Vladimiro Zagrebelsky , Danutė Jočienė , András Sajó , Nona Tsotsoria , judges, and Françoise Elens-Passos , Deputy Section Registrar ,

Having deliberated in private on 4 March 2008 ,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1 . The case originated in an application (no. 14996/05) against the Republic of Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Hungarian national, Ms Margit Csabainé Győri (“the applicant”), on 6 April 2005 .

2 . The appli cant was represented by M s Á. Gyuris , a lawyer practising in B udapest . The Hungarian Government (“the Government”) were represented by Mr L. Höltzl , Agent, Ministry of Justice and Law Enforcement .

3 . On 6 March 2007 the Court decided to give notice of the application to the Government . Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

THE FACTS

THE CIRCUMSTANCES OF THE CASE

4 . The applicant was born in 1935 and lives in Passau , Germany .

5 . In 1990 the applicant brought an action for the invalidation of a will. A first-instance decision was adopted on 20 March 1995.

6 . Finding for the applicant, the Budapest Regional Court gave a second instance decision on 26 October 1995.

7 . In review proceedings, the Supreme Court amended the final decision on 23 January 1997.

8 . In 2001 the respondent requested the re-opening of the case.

9 . On 23 April 2002 the Budapest XX/XXI/XXIII District Court dismissed the request .

10 . On 7 March 2003 the Budapest Regional Court quashed this decision and ordered the District Court to resume its proceedings which, according to the information in the case file, have been pending ever since.

THE LAW

I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION

11 . The applicant complained that the length of the proceedings had been incompatible with the “reasonable time” r equirement of Article 6 § 1 of the Convention, which reads as follows:

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

12 . The Government contested that argument.

13 . The period to be taken into consideration began only on 5 November 1992 , when the recognition by Hungary of the right of individual petition took effect. However, in assessing the reasonableness of the time that elapsed after that date, account must be taken of the state of proceedings at the time. The Court notes that the proceedings had already been pending for some two years on that date.

14 . According to the information provided by the parties and the elements available in the case file to date, the proceedings have not yet ended. The relevant period has thus lasted over 15 years. However, in the Court ’ s view, the near four-year period between the termination of the principal proceedings on 23 January 1997 and the introduction of the request for reopening in 2001 cannot be imputed to the State. Consequently, the period to be taken into account is about eleven years for three level s of jurisdiction .

A. Admissibility

15 . The C ourt notes that the application is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

16 . The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicant and the relevant authorities and what was at stake for the applicant in the dispute (see, among many other authorities, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).

17 . The Court has frequently found violations of Article 6 § 1 of the Convention in cases raising issues similar to the one in the present application (see Frydlender , cited above).

18 . Having examined all the material submitted to it, the Court notes that the Government have not put forward any fact or convincing argument capable of persuading it to reach a different conclusion in the present circumstances . Having regard to its case-law on the subject, the Court considers that the length of the proceedings was excessive and failed to meet the “reasonable time” requirement.

There has accordingly been a breach of Article 6 § 1.

II . APPLICATION OF ARTICLE 41 OF THE CONVENTION

19 . Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial rep ara tion to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

A. Damage

20 . The applicant claimed 9 , 570 euros (EUR) in respect of pecuniary damage in los s of income due to having to appear at numerous court hearings in the domestic proceedings. Moreover, she claimed EUR 30,000 in respect of non-pecuniary damage.

21 . The Government co ntested these claims.

22 . The Court does not discern any causal link between the violation found and the pecuniary damage alleged; it therefore rejects this claim. However, it considers that the applicant must have sustained some non-pecuniary damage. Ruling on an equitable basis, it awards her EUR 8,000 .

B. Costs and expenses

23 . The applicant also claimed EUR 5,512 for the costs and expenses inc urred before the domestic courts.

24 . The Government co ntested the claim.

25 . According to the Court ’ s case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and were reasonable as to quantum. In the present case, regard being had to the information in its possession and the above criteria, the Court rejects the claim for costs and expenses in the domestic proceedings as being wholly unrelated to the violation found .

C. Default interest

26 . The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Declares the application admissible;

2. Holds that there has been a violation of Article 6 § 1 of the Convention;

3 . Holds

(a) that the respondent State is to pay the applicant , within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 8,000 ( eight thousand euros ) , plus any tax that may be chargeable , in respect of non-pecuniary damage , to be converted into Hungarian forints at the rate applicable at the date of settlement ;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall b e payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

4 . Dismisses the remainder of the applicant ’ s claim for just satisfaction.

Done in English, and notified in writing on 2 7 March 2008 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

             Françoise Elens-Passos Françoise Tulkens Deputy Registrar President