SECOND SECTION

FINAL DECISION

Application no. 9295/04 by Csaba CSORBA against Hungary

The European Court of Human Rights (Second Section), sitting on 18 September 2007 as a Chamber composed of:

Mrs F. Tulkens , President , Mr A.B. Baka , Mr R. Türmen , Mr M. Ugrekhelidze , Mr V. Zagrebelsky , Mrs A. Mularoni , Mr D. Popović, judges , and Mrs F. Elens-Passos , Deputy Section Registrar .

Having regard to the above application lodged on 28 January 2004,

Having regard to the partial decision adopted on 31 May 2007,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Csaba Csorba, is a Hungarian national who was born in 1958 and lives in Miskolc . The Hungarian Government (“the Government”) were represented by Mr L. Hötzl, Agent, Ministry of Justice and Law Enforcement.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 24 August 2000 the applicant, a bank employee, was charged with having made fraudulent loans and heard as a suspect by the Borsod-Abaúj-Zemplén Police Headquarters.

On 23 August 2001 the Miskolc Town Prosecutor ’ s Office replaced the original charge with the offence of obtaining unlawful financial advantages (jogtalan gazdasági előny megszerzése) . The bill of indictment reached the Miskolc District Court on 10 October 2001.

On 8 October 2002 the Miskolc District Court, after holding five hearings, terminated the criminal proceedings against the applicant and issued a reprimand (megrovás) . The applicant appealed.

O n 27 May 2003 the Borsod-Abaúj-Zemplén County Regional Court quashed the first-instance judgment and remitted the case to the District Court.

On 27 May 2005 the District Court, after holding eight hearings, found the applicant guilty as charged and fined him 128,000 Hungarian forints (approximately 520 euros). The applicant appealed.

On 10 May 2006 the Borsod-Abaúj-Zemplén County Regional Court , after holding two hearings, finally acquitted the applicant.

COMPLAINT

The applicant complain ed that the criminal proceedings against him had lasted an unreasonably long time, in breach of Article 6 § 1 of the Convention.

THE LAW

Th e Court received the following declaration from the Government:

“I declare that the Government of Hungary offer to pay ex gratia 4,000 euros to Mr Csaba Csorba with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.”

T he Court received the following declaration signed by the applicant:

“I note that the Government of Hungary are prepared to pay me ex gratia the sum of 4,000 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

I accept the proposal and waive any further claims against Hungary in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify the continued examination of the application (Article 37 § 1 in fine of the Convention).

Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.

For these reasons, the Court unanimously

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

F. Elens-passos F. Tulkens Deputy Registrar              President