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SECOND
SECTION
CASE OF FONYÓDI v. HUNGARY
(Application
no. 30799/04)
JUDGMENT
(Revision)
STRASBOURG
7
April 2009
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 Fonyódi v. Hungary (request for revision of
the judgment of 7 October 2008),
The
European Court of Human Rights (Second Section), sitting as a Chamber
composed of:
Françoise Tulkens,
President,
Ireneu Cabral Barreto,
Vladimiro
Zagrebelsky,
Danutė Jočienė,
András
Sajó,
Nona Tsotsoria,
Işıl
Karakaş, judges,
and
Sally Dollé, Section
Registrar,
Having
deliberated in private on 17 March 2009,
Delivers
the following judgment, which was adopted on that date:
PROCEDURE
- The
case originated in an application (no. 30799/04) 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 national, Mrs Gyuláné
Fonyódi (“the applicant”), on 29 July 2004.
- The
applicant was represented by Ms D. Kiss, a lawyer practising in
Budapest. The Hungarian Government (“the Government”)
were represented by Mr L. Höltzl, Agent, Ministry of Justice and
Law Enforcement.
- In
a judgment delivered on 7 October 2008, the Court held that there had
been a violation of Article 6 § 1 of the Convention on account
of the length of the civil proceedings in question. The Court also
decided to award the applicant 14,400 euros (EUR) for non-pecuniary
damage and dismissed the remainder of her claims for just
satisfaction. In particular, the Court rejected as unsubstantiated
the applicant's claim for costs and expenses incurred before the
Court.
- On
27 November 2008 the applicant reminded the Court that on 15 April
2008 she had submitted an invoice concerning the legal fees she had
incurred before the Court. She accordingly requested revision of the
judgment within the meaning of Rule 80 of the Rules of Court.
- On
6 January 2009 the Court considered the request for revision and
decided to invite the Government to submit any observations they
might have on that request. In a letter of 27 January 2009 the
Government informed the Court that they did not intend to submit any
observations.
THE LAW
THE REQUEST FOR REVISION
- The
applicant requested revision of the judgment of 7 October 2008,
arguing that an invoice concerning the legal fees incurred before the
Court – 250,000 Hungarian forints (HUF)
plus VAT at 20% – which had been properly submitted to the
Court should have been taken into account when examining her costs
claim.
- The
Government had no observations on this request.
- The
Court observes that the invoice in question had indeed been received
from the applicant in due time but was overlooked and was not
therefore taken into consideration on the adoption of the judgment.
Consequently, it considers that the judgment of 7 October 2008 should
be revised pursuant to Rule 80 of the Rules of Court, the relevant
parts of which provide:
“A party may, in the event of the discovery of a
fact which might by its nature have a decisive influence and which,
when a judgment was delivered, was unknown to the Court and could not
reasonably have been known to that party, request the Court ... to
revise that judgment.
...”
- According
to the Court's case-law, an applicant is entitled to the
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 documents in its possession and the above criteria, the Court
considers it reasonable to award in full the equivalent in euros of
the sum claimed by the applicant in respect of the proceedings before
the Court, i.e. EUR 1,000.
- 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 applicant's request for revision of
the judgment of 7 October 2008 admissible;
Consequently,
- 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 1,000 (one
thousand euros) in respect of costs and expenses, to be converted
into Hungarian forints at the rate applicable at the date of
settlement, plus any tax that may be chargeable to the applicant;
(b) that
from the expiry of the above-mentioned three months until settlement
simple interest shall be payable on the above amount at a rate equal
to the marginal lending rate of the European Central Bank during the
default period plus three percentage points;
Done in English, and notified in writing on 7 April 2009, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Sally Dollé Françoise Tulkens
Registrar President
