2023-09-05 16:54:44
The Belgian State must take the necessary measures to guarantee the right to be tried within a reasonable time in the judicial district of Brussels, estimated the European Court of Human Rights (ECHR) in a judgment delivered on Tuesday.
The case relates to a file for the sale of an apartment which the plaintiff considers to be null and void due to a lack of consent. Introduced in 2015, it was judged for the first time in 2017. An appeal was lodged and, in 2018, while the case was in a state of being pleaded, the registry of the Court of Appeal of Brussels informed the applicant that his file was on a waiting list and that he could not promise a date to be set before… March 2026. The applicant, Mr Van de Kerkhof, unsuccessfully contacted the First President of the Court and lodged a complaint with the Superior Council of Justice (CSJ). He also gave notice to the Minister of Justice to take the necessary measures to reduce the waiting time.
In 2021, the Court rendered a judgment in which it declared the appeal unfounded and confirmed the judgment of 2017. The case was sent back to the French-speaking court in Brussels… A hearing was first scheduled for March 2022 before being postponed to November 2023 due to the absence of the titular judge and the lack of effective judges. The case is still pending.
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