SECOND SECTION

CASE OF KULCSÁR v. HUNGARY

( Application no. 37778/04 )

JUDGMENT

STRASBOURG

2 4 January 2008

FINAL

24/04/2008

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 Kulcsár v. Hungary ,

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

Françoise Tulkens , President, András Baka , Ireneu Cabral Barreto , Riza Türmen , Vladimiro Zagrebelsky , Danutė Jočienė , Dragoljub Popović , judges, and Sally Dollé, Section Registrar ,

Having deliberated in private on 4 January 2008 ,

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

PROCEDURE

1 . The case originated in an application (no. 37778/04) 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, Mr Jenő Kulcsár (“the applicant”), on 2 August 2004 .

2 . The Hungarian Government (“the Government”) were represented by Mr L. Höltzl , Agent, Ministry of Justice and Law Enforcement .

3 . On 8 December 2006 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

4 . The applicant was born in 1949 and lives in Budapest .

5 . On 6 November 1996 criminal proceedings were instituted against the applicant.

6 . On 3 March 1997 the Budapest Public Prosecutor ' s Office preferred a bill of indictment, charging the applicant with having negligently caused a traffic accident.

7 . After having held three hearings and obtained the opinions of two experts, o n 11 October 2001 the Pest Central District Court found the applicant guilty as charged and sentenced him to six months ' imprisonment, suspended for one year, and a fine.

8 . On appeal, on 12 February 2004 the Budapest Regional Court acquitted the applicant, after having obtained the opinion of another expert.

THE LAW

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

9 . 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 ... any criminal charge against him, everyone is entitled to a fair ... hearing within a reasonable time by [a] ... tribunal... ”

10 . The Government contested that argument.

11 . The period to be taken into consideration began on 6 November 1996 and ended on 12 February 2004 . It thus lasted over seven years and three months for two level s of jurisdiction .

A. Admissibility

12 . The Court notes that this complaint 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

13 . 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 (see, among many other authorities, Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999-II)

14 . 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 Pélissier and Sassi , cited above).

15 . Having examined all the material submitted to it, the Court considers 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 . OTHER ALLEGED VIOLATIONS OF THE CONVENTION

16 . Relying on Article 6 § 1 of the Convention, the applicant also complained of the alleged unfairness of the p roceedings. The Court observes that the Regional Court eventually acquitted the applicant; therefore, he cannot claim to be a victim of a violation of his Convention rights in this connection . It follows that this complaint is incompatible ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 and must be rejected, pursuant to Article 35 § 4 of the Convention.

II I . APPLICATION OF ARTICLE 41 OF THE CONVENTION

17 . 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

18 . The applicant claimed 40,000 euros (EUR) in respect of pecuniary damage and EUR 40,000 in respect of non-pecuniary damage.

19 . The Government co ntested these claims.

20 . 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 him EUR 4,800 under that head.

B. Costs and expenses

21 . The applicant made no costs claim.

C. Default interest

22 . 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 complaint concerning the excessive length of the proceedings admissible and the remainder of the application inadmissible;

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 4,800 ( four thousand eight hundred euros) in respect of non-pecuniary damage, to be converted into the national currency of the respondent State at the rate applicable at the date of settlement , plus any tax that may be chargeable ;

(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 4 January 2008 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Sally Dollé Françoise Tulkens Registrar President