2
PANYIK v. HUNGARY JUDGMENT
6. On 17 December 2002 it was transferred to the Komárom District
Court, as the judges of the geographically competent Tata District Court felt
biased on account of the applicant’s legal practice being attached to their
court.
7. The Komárom District Court found for the plaintiff on 19 April 2005.
The applicant appealed.
8. In the proceedings before the Komárom-Esztergom County Regional
Court, a panel of three judges, including judges Dr D. and Dr K., withdrew
themselves from the case on 4 July 2005. According to their reasoning:
“In view of the fact that the respondent acts as a lawyer in the county, [and] we are
in a work relationship, we find it justified for the sake of the impartial adjudication of
the legal dispute that another county court proceeds in the case.”
The case was transferred to another panel of the same court.
9. On 11 October 2005 the applicant challenged this second panel for
bias, and subsequently extended his request to the whole court. He observed
that the panel president, Dr V., had already declared himself biased in two
other cases against him due to their daily work relationship. In one of these
proceedings, Dr D. had declared herself biased as well.
10. On 26 January 2006 the Győr Court of Appeal dismissed the
applicant’s motion for bias. It pointed out that the judges of the panel had
declared themselves impartial, along with two other judges of the court.
Moreover, it argued that:
“... Bias may, however, only be based on such facts [and] circumstances from which
it follows objectively [and] logically that an impartial judgment is not ensured. The
reason adduced by the respondent against the declarations of the five judges stating
their impartiality is not suitable to establish bias.”
11. The applicant subsequently lodged another complaint for bias
against the presiding judge, Dr V. Despite the antecedents, Dr V. again
maintained that he was impartial. Therefore, the Regional Court found that
there was no obstacle to deliver judgment, but nevertheless ordered the
transfer of the complaint to the appeal court. However, it was ultimately
dealt with by another panel of the Regional Court (see paragraph 13 below).
12. On 14 March 2006 a three-member panel of the Regional Court,
with Dr V. acting as presiding judge, upheld the first-instance judgment.
This decision was served on the applicant on 23 May 2006.
13. On 21 April 2006 another panel of the Regional Court, presided by
Dr D. and including Dr K., dismissed the applicant’s second motion for bias
filed against Dr V. It argued that
“If the reason for disqualification according to section 13(1) e) of the Code of Civil
Procedure is reported by a party and the judge does not consider himself partial in the
case, then what needs to be ascertained is whether the actual existence of the reasons
[and] facts reported to prove bias indeed justify the disqualification of the judge. ...
[I]t is not of legal relevance that the judge previously, in a different type of case,
agreed to his/her disqualification. As evidenced by the dispositions of the act, a judge