FIRST SECTION

DECISION

Application no. 44980/20 Margit MOJZES against Hungary

(see appended table)

The European Court of Human Rights (First Section), sitting on 3 February 2022 as a Committee composed of:

Alena Poláčková, President, Raffaele Sabato, Davor Derenčinović, judges,

and Attila Teplán, Acting Deputy Section Registrar,

Having regard to the above application lodged on 18 September 2020,

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 was represented by Mr D. Kiss, a lawyer practising in Budapest.

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”). 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 proceedings.

In particular, the Court notes that the case lasted about five years before three levels of jurisdiction which cannot be considered excessive.

In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

The applicant also raised a complaint under Article 13 of the Convention.

The Court considers that since the applicant’s complaint about the length of the proceedings is manifestly ill-founded, she does not have an arguable claim of a violation of her rights under Article 6 § 1 for the purposes of Article 13 of the Convention. It follows that this part of the application is 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 24 February 2022.

Attila Teplán Alena Poláčková Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of criminal proceedings)

Application no.

Date of introduction

Applicant’s name

Year 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

44980/20

18/09/2020

Margit MOJZES

1956Kiss Dániel Bálint

Budapest

16/06/2016

13/07/2021

5 year(s) and 28 day(s)

3 level(s) of jurisdiction

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