Nagy v. Hungary

FOURTH SECTION

Application no. 76768/16 Zoltán Ferencné NAGY against Hungary

The European Court of Human Rights (Fourth Section), sitting on 14 February 2019 as a Committee composed of:

Georges Ravarani, President, Marko Bošnjak, Péter Paczolay, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 December 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Zoltán Ferencné Nagy, was born in 1943.

She was represented before the Court by Mr P. Váczi, a lawyer practising in Győr.

The applicant’s complaint under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Hungarian Government (“the Government”).

THE LAW

The Court notes that the applicant died on 3 February 2017. According to the notary document of 19 December 2017 available to the Court, the person wishing to pursue the case in her stead is not an heir and therefore does not have the requisite victim status for the purposes of Article 34 of the Convention to continue the application. Since no legitimate heir has expressed an interest to pursue the case, it should be struck out of the list of cases in application of Article 37 § 1 (a) of the Convention, no public policy reasons within the meaning of Article 37 § 1 in fine being present.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 7 March 2019.

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President