Judgment (Merits and Just Satisfaction) of Court (Second Section Committee), May 26, 2015 (case CASE OF TÓTH v. HUNGARY)

Defense:HUNGARY
Resolution Date:May 26, 2015
Issuing Organization:Court (Second Section Committee)

SECOND SECTION

CASE OF TÓTH v. HUNGARY

(Application no. 14099/12)

JUDGMENT

STRASBOURG

26 May 2015

This judgment is final but it may be subject to editorial revision.

In the case of Tóth v. Hungary,

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

             Helen Keller, President,              András Sajó,              Robert Spano, judges,

and Abel Campos, Deputy Section Registrar,

Having deliberated in private on 21 April 2015,

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

PROCEDURE

  1. The case originated in an application (no. 14099/12) against 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 Péter Tóth (“the applicant”), on 29 February 2012.

  2. The Hungarian Government (“the Government”) were represented by Mr Z. Tallódi, Agent, Ministry of Justice.

  3. On 12 June 2012 the application was communicated to the Government.

    THE FACTS

    THE CIRCUMSTANCES OF THE CASE

  4. The applicant was born in 1952 and lives in Budapest.

  5. The applicant’s employment was terminated unlawfully according to the judgment of the Budapest Labour Court dated 24 August 2004.

  6. Relying on this decision, on 19 October 2004 the applicant lodged a claim for unpaid wages and other claims against his former employer.

  7. The Pest County Labour Court rejected the claim on 5 May 2006.

  8. On appeal, the second-instance court quashed the judgment and transferred the case to the competent Budapest Regional Court on 24 January 2007.

  9. In the resumed proceedings, the Regional Court dismissed the applicant’s claim on 28 November 2008.

  10. On appeal, the Budapest Court of Appeal upheld in essence the first‑instance decision on 14 September 2010.

  11. The applicant lodged a petition for review. On 11 July 2011 the Supreme Court reversed the previous decision and awarded the applicant 2,053,440 Hungarian forints in salary arrears.

    THE LAW

    ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION

  12. The applicant complained that the length of the proceedings had been incompatible with the “reasonable time” requirement of Article 6 § 1 of the Convention.

  13. The Government contested that argument.

  14. The period to be taken into consideration began on 19 October 2004 and terminated on 11 July 2011. It has thus lasted over six years and eight months for three levels of jurisdiction.

    In view of such lengthy proceedings, this...

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