CEDH · CASELAW;REPORTS;ENG — 21 janvier 1998

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                    EUROPEAN COMMISSION OF HUMAN RIGHTS                            FIRST CHAMBER                      Application No. 31004/96                                J. N.                               against                               Hungary                      REPORT OF THE COMMISSION                    (adopted on 21 January 1998)                          TABLE OF CONTENTS                                                             Page   INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . .1   PART I   : STATEMENT OF THE FACTS. . . . . . . . . . . . . . .2   PART II : SOLUTION REACHED. . . . . . . . . . . . . . . . . .3                            INTRODUCTION   1.    This Report relates to the application introduced under Article 25 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by J. N. against Hungary on 3 October 1995.   It was registered on 12 April 1996 under file No. 31004/96.   2.    The Government of Hungary were represented by their Agent, Dr Károly Bárd, then of the Ministry of Justice. The applicant was represented by Mr T. Kis, a lawyer practising in Komárom, Hungary.   3.    On 2 July 1997 the Commission (First Chamber) declared the application admissible.   It then proceeded to carry out its task under Article 28 para. 1 of the Convention which provides as follows:        "In the event of the Commission accepting a petition referred to      it:        a.    it shall, with a view to ascertaining the facts, undertake      together with the representatives of the parties an examination      of the petition and, if need be, an investigation, for the      effective conduct of which the States concerned shall furnish all      necessary facilities, after an exchange of views with the      Commission;        b.    it shall at the same time place itself at the disposal of      the parties concerned with a view to securing a friendly      settlement of the matter on the basis of respect for Human Rights      as defined in this Convention."   4.    The Commission (First Chamber) found that the parties had reached a friendly settlement of the case and on 21 January 1998 it adopted this Report, which, in accordance with Article 28 para. 2 of the Convention, is confined to a brief statement of the facts and of the solution reached.   5.    The following members were present when the Report was adopted:             MM    N. BRATZA, Acting President                E. BUSUTTIL                A. WEITZEL                C.L. ROZAKIS           Mrs   J. LIDDY           MM    L. LOUCAIDES                B. MARXER                B. CONFORTI                I. BÉKÉS                G. RESS                A. PERENIC                C. BÎRSAN                M. VILA AMIGÓ           Mrs   M. HION           Mr    R. NICOLINI                               PART I                       STATEMENT OF THE FACTS   6.    The applicant is a Hungarian citizen born in 1942 and resident in Tata, Hungary. Before the Commission, she was represented by Mr T. Kis, a lawyer practising in Komárom, Hungary.   7.    The applicant complained under Article 6 para. 1 (Art. 6-1) of the Covention about the length of a set of civil court proceedings which concerned a last will dispute. In May 1990 Mr S. brought an action against the applicant before the Tatabánya District Court (Tatabányai Városi Bíróság).   Mr S. challenged the validity of a last will made in the applicant's favour. On 29 June 1995 the District Court eventually dismissed the plaintiff's claims. On 6 September 1995 this decision became final.                               PART II                          SOLUTION REACHED   8.    Following the decision on the admissibility of the application, the Commission (First Chamber) placed itself at the disposal of the parties with a view to securing a friendly settlement in accordance with Article 28 para. 1 (b) of the Convention and invited the parties to submit any proposals they wished to make.   9.    In accordance with the usual practice, the Chamber Secretary, acting on the Commission's instructions, contacted the parties to explore the possibilities of reaching a friendly settlement.   10.   By letters of 27 August and 23 September 1997, respectively, the applicant and the respondent Government indicated their willingness, in principle, to reach a friendly settlement.   11.   On 20 November 1997 the applicant's lawyer submitted that he could accept, as the basis of a friendly settlement of the case, the payment to the applicant of a sum of money amounting to 750,000 Hungarian forints (HUF) with regard to the applicant's non- pecuniary damages and HUF 37,000 for the legal costs incurred.   12.   By letter of 5 January 1998, the Government notified the Commission that they accepted the terms of a settlement as proposed by the applicant's lawyer.   13.   At its session on 21 January 1998, the Commission noted that the parties had reached an agreement regarding the terms of a settlement. It further considered, having regard to Article 28 para. 1 (b) of the Convention, that the friendly settlement of the case had been secured on the basis of respect for Human Rights as defined in the Convention.   14.   For these reasons, the Commission adopted the present Report.        M.F. BUQUICCHIO                          N. BRATZA         Secretary                          Acting President    to the First Chamber                  of the First Chamber