HORVÁTH v. HUNGARY
Doc ref: 46165/21 • ECHR ID: 001-219828
Document date: September 8, 2022
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FIRST SECTION
DECISION
Application no. 46165/21 János HORVÁTH against Hungary
(see appended table)
The European Court of Human Rights (First Section), sitting on 8 September 2022 as a Committee composed of:
Krzysztof Wojtyczek , President,
Erik Wennerström ,
Lorraine Schembri Orland , judges,
and Attila Teplán, Acting Deputy Section Registrar,
Having regard to the above application lodged on 13 September 2021,
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 complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and related remedy were communicated to the Hungarian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.
THE LAW
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the protraction of the case.
In particular, the Court notes that the domestic courts consistently found that the applicant’s compensation claims had been statute-barred from the beginning. They therefore did not constitute a ‘genuine and serious dispute’ over civil rights, so as to attract the applicability of Article 6 of the Convention.
In view of the above, the Court finds that these complaints are incompatible ratione materiae with the provisions 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 29 September 2022.
Attila Teplán Krzysztof Wojtyczek 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
Year of birth
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
Other complaints under well-established case-law
46165/21
13/09/2021
János HORVÁTH
1977
16/06/2016
11/03/2020
3 year(s) and 8 month(s) and 25 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