Resolution ResDH (2003)133

concerning the judgment of the European Court of Human Rights of 9 April 2002 (final on 9 July 2002) in the case of Erdős against Hungary

(Adopted by the Committee of Ministers on 22 July 2003 at the 847th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Erdős case delivered on 9 April 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 38937/97) against Hungary, lodged with the European Commission of Human Rights on 16 August 1993 under former Article 25 of the Co n vention by Mr Zoltán Erdős , a Hungarian national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the length of certain civil proceedings had been excessive;

Whereas in its judgment of 9 April 2002 the Court:

- held, by six votes to one, that there had been a violation of Article 6, paragraph 1, of the Convention;

- held, by six votes to one, that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 5 500 euros in respect of non-pecuniary damage and 500 euros in respect of costs and expenses and that simple interest at an annual rate of 11% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed, unanimously, the remainder of the applicant’s claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 9 April 2002, having regard to Hungary’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that, on account of the specific circumstances of this case, new similar violations could be avoided through the general measures already taken following the Court's judgment in the case of Magyar against Hungary (see Resolution ResDH (2003)137), and notably through wide dissemination and publication of the latter judgment and its inclusion in the curriculum of magistrates' training;

Having satisfied itself that on 13 September 2002, within the time-limit set, the government of the respondent state had paid the a p plicant the sums provided for in the judgment of 9 April 2002,

Declares, after having taken note of the information supplied by the Government of Hungary, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.