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SECOND
SECTION
CASE OF HÉLIOPLÁN KFT v. HUNGARY
(Application
no. 30077/03)
JUDGMENT
STRASBOURG
3 May
2007
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 Hélioplán Kft v. Hungary,
The
European Court of Human Rights (Second Section), sitting as a Chamber
composed of:
Mrs F. Tulkens, President,
Mr A.B.
Baka,
Mr I. Cabral Barreto,
Mr V.
Zagrebelsky,
Mrs A. Mularoni,
Ms D.
Jočienė,
Mr D. Popović, judges,
and
Mrs S. Dollé, Section Registrar,
Having
deliberated in private on 3 April 2007,
Delivers
the following judgment, which was adopted on that date:
PROCEDURE
- The
case originated in an application
(no. 30077/03) 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 business entity,
Hélioplán Kft (“the applicant”), on 7
August 2003.
- The
Hungarian Government (“the Government”) were represented
by Mr L. Höltzl, Agent, Ministry of Justice and Law Enforcement.
The applicant company was represented by its executive director, Mr
J.T. Détár.
- On
15 September 2005 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
applicant, a limited liability
company with its seat in Budapest, was registered in
1991.
- On
21 September 1995 the Hungarian Red Cross brought an action in
damages against the applicant.
- After
having held several hearings and obtained the opinions of experts, on
18 November 1999 the Budapest Regional Court delivered an
interlocutory judgment (közbenső ítélet),
finding that the applicant was liable for the damages sought.
- On
15 February 2001 and 30 April 2003 respectively, the Supreme Court,
sitting as a second-instance court and as a review instance, upheld
the interlocutory judgment.
- The
first-instance proceedings were resumed on 19 November 2003. After
several hearings, on 9 June 2004 the Regional Court established the
amount of the damages payable. On 15 September 2004 it rectified that
decision.
- On
8 March 2005 the Budapest Court of Appeal, in a final judgment,
increased the amount to be paid by the applicant.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE
CONVENTION
- The
applicant complained that the length of the proceedings was
incompatible with the “reasonable time” requirement 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...”
- The
Government contested that argument.
- The
period to be taken into consideration began on 21 September 1995 and
ended on 8 March 2005. It thus lasted almost nine and a half years
for three levels of jurisdiction.
A. Admissibility
- 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
- 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).
- 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).
- 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 case. Having regard to its case-law on the subject, the Court
considers that in the instant case 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
- The
applicant, relying on Articles 6, 13, 14 and 17 of the Convention,
also complained about the outcome of the proceedings.
- In
so far as the applicant's complaint may be understood to concern the
assessment of the evidence and the result of the proceedings before
the domestic courts, the Court reiterates that, according to Article
19 of the Convention, its duty is to ensure the observance of the
engagements undertaken by the Contracting Parties to the Convention.
In particular, it is not its function to deal with errors of fact or
law allegedly committed by a national court unless and in so far as
they may have infringed rights and freedoms protected by the
Convention. Moreover, while Article 6 of the Convention guarantees
the right to a fair hearing, it does not lay down any rules on the
admissibility of evidence or the way it should be assessed, which are
therefore primarily matters for regulation by national law and the
national courts (see García Ruiz v. Spain [GC], no.
30544/96, § 28, ECHR 1999 I).
- In
the present case, the Court observes that there is nothing in the
case file indicating that the domestic courts lacked impartiality or
that the proceedings were otherwise unfair or arbitrary. It follows
that this part of the application is manifestly ill-founded within
the meaning of Article 35 § 3 and must be rejected,
pursuant to Article 35 § 4 of the Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
- 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 reparation to be made, the Court shall, if necessary, afford
just satisfaction to the injured party.”
A. Damage, costs and expenses
- The
applicant made a global claim of 1.2 million euros (EUR) in respect
of pecuniary and non-pecuniary damage and the costs and expenses
incurred before the domestic courts and the Court.
- The
Government contested the claim.
- The
Court does not discern any causal link between the violation found
and the pecuniary damage alleged; it therefore rejects this request.
However, it considers that the applicant company must have sustained
some non-pecuniary damage. Ruling on an equitable basis, it awards
the applicant EUR 4,800 under that head.
- Moreover,
according to the Court's case-law, an applicant is entitled to
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
finds it reasonable to award the applicant, who was not represented
by a lawyer, the sum of EUR 400 under this head.
B. Default interest
- 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
- Declares the complaint concerning the excessive
length of the proceedings admissible and the remainder of the
application inadmissible;
- Holds that there has been a violation of Article
6 § 1 of the Convention;
- 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 and
EUR 400 (four hundred euros) in respect of costs and expenses, 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 be payable on the above amounts at a rate equal
to the marginal lending rate of the European Central Bank during the
default period plus three percentage points;
- Dismisses the remainder of the applicant's claim
for just satisfaction.
Done in English, and notified in writing on 3 May 2007, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
S. Dollé F. Tulkens
Registrar President
