4
PANYIK v. HUNGARY JUDGMENT
17. The Government contested that argument.
A. Admissibility
18. The Government submitted that the application should be rejected
for non-exhaustion of domestic remedies, since the applicant had not
availed himself of the possibility to lodge a petition for review with the
Supreme Court, which would have been able to fully examine the merits of
his case, including the issue of impartiality. They relied on the Court’s case
law according to which the States must have an opportunity to redress the
alleged damage by domestic means within the framework of their own legal
systems.
19. The applicant contested this argument, considering that a complaint
concerning the refusal to exclude a judge may only be lodged through an
appeal, whereas petition for review may not be submitted in such auxiliary
questions. He further argued that in any event, review by the Supreme Court
would not have been an effective remedy in his case.
20. The Court points out that in the present case the disputed value was
HUF 42,000 plus default interest and court fees. As a consequence, petition
for review with the Supreme Court was in any case not a possibility as it
was excluded by section 271(2) of the Code of Civil Procedure
(see paragraph 15 above), the statutory threshold being one million
Hungarian forints. It follows that the application cannot be rejected for nonexhaustion of domestic remedies. Moreover, it is not manifestly ill-founded
within the meaning of Article 35 § 3 of the Convention or inadmissible on
any other grounds. It must therefore be declared admissible.
B. Merits
1. The parties’ submissions
21. The applicant argued that while the competent court of his residence
had voluntarily excluded itself based on their work relationship, along with
the first panel of the Regional Court, the second panel of the Regional Court
had refused to consent to the exclusion even though its judge had
acknowledged his bias in the past. The applicant further emphasised that the
panel who had decided about his motion for bias against the second panel
had declared itself biased earlier.
22. The Government pointed out the difference between the two grounds
of disqualification laid down in the Code of Civil Procedure. On the one
hand, point a) of section 13(1) describes a situation which entails an
obligation to exclude the judge from the case, leaving no margin of
appreciation for the court (“absolute ground of exclusion”). On the other