AFFAIRE FEKETE ET AUTRES c. HONGRIE
Doc ref: 44057/20, 34759/21, 36662/21, 37623/21, 38925/21, 40489/21, 43300/21, 50727/21, 53420/21, 56335/21, ... • ECHR ID: 001-218454
Document date: July 7, 2022
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FIRST SECTION
CASE OF FEKETE AND OTHERS v. HUNGARY
(Applications nos. 44057/20 and 11 others – see appended list)
JUDGMENT
STRASBOURG
7 July 2022
This judgment is final but it may be subject to editorial revision.
In the case of Fekete and Others v. Hungary,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Alena Poláčková, President, Raffaele Sabato, Davor Derenčinović, judges, and Attila Teplán, Acting Deputy Section Registrar,
Having deliberated in private on 16 June 2022,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. The Hungarian Government (“the Government”) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the excessive length of civil proceedings. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
6. The applicants complained principally that the length of the civil proceedings in question had been incompatible with the “reasonable time” requirement. They relied on Article 6 § 1 of the Convention, which reads as follows:
Article 6 § 1
“In the determination of his civil rights and obligations ... everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal ...”
7. The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicants and the relevant authorities and what was at stake for the applicants in the dispute (see Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).
8. In the leading case of Gazsó v. Hungary, no. 48322/12, 16 July 2015, the Court already found a violation in respect of issues similar to those in the present case.
9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of justifying the overall length of the proceedings at the national level. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the “reasonable time” requirement.
10. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.
11. Some applicants submitted other complaints under Article 13 of the Convention, which also raised issues, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Gazsó , cited above, § 21.
12. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
13. Regard being had to the documents in its possession and to its case ‑ law, the Court considers it reasonable to award the sums indicated in the appended table.
14. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 7 July 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Attila Teplán Alena Poláčková
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
Other complaints under well-established case-law
Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses per applicant
(in euros) [1]
44057/20
28/09/2020
Viktória Erzsébet FEKETE
1980Gerencsér Éva
Budapest
27/06/2014
30/01/2020
(service: 31/03/2020)
5 year(s) and 7 month(s) and 4 day(s)
2 level(s) of jurisdiction
3,300
34759/21
25/06/2021
Catalin Fülöp CRACIUNESCU
1968
05/09/2018
16/11/2021
3 year(s) and 2 month(s) and 12 day(s)
1 level(s) of jurisdiction
2,000
36662/21
08/07/2021
Sándor NAGY
1954Cech András
Budapest
05/12/2011
pending
More than 10 year(s) and
4 month(s) and 17 day(s)
3 level(s) of jurisdiction
6,800
37623/21
19/07/2021
Ödön VADÁSZI
1966
14/12/2017
28/04/2021
3 year(s) and 4 month(s) and 15 day(s)
1 level(s) of jurisdiction
2,000
38925/21
26/07/2021
József KÓKAI-NAGY
1975Szabó Gábor
Göd
22/11/2017
03/12/2021
4 year(s) and 12 day(s)
1 level(s) of jurisdiction
2,600
40489/21
04/08/2021
Lóránt PAPP-GYURKA
1978Gönczi Gergely
Budapest
04/04/2017
08/02/2021
3 year(s) and 10 month(s) and 5 day(s)
1 level(s) of jurisdiction
2,600
43300/21
18/08/2021
András LENDVAY
1960Kiss Dániel Bálint
Budapest
26/03/2009
pending
More than 13 year(s) and
14 day(s)
1 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
9,100
50727/21
29/09/2021
Csaba Mihály KARNAI
1968Hegedűs András
Budapest
26/06/2017
29/03/2021
3 year(s) and 9 month(s) and 4 day(s)
1 level(s) of jurisdiction
2,600
53420/21
22/10/2021
János IVÁN
1973Szabó Gábor
Göd
19/04/2018
13/09/2021
3 year(s) and 4 month(s) and 26 day(s)
1 level(s) of jurisdiction
2,000
56335/21
03/11/2021
Róbert HARMATI
1974
01/01/2017
pending
More than 5 year(s) and
4 month(s) and 19 day(s)
2 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
3,400
56765/21
18/11/2021
János PÁNDI
1982
22/03/2018
09/06/2021
3 year(s) and 2 month(s) and 19 day(s)
1 level(s) of jurisdiction
2,000
59362/21
18/11/2021
Zoltán FEHÉR
1974Fahidi Gergely
Budapest
31/05/2017
07/06/2021
4 year(s) and 8 day(s)
1 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
2,600
[1] Plus any tax that may be chargeable to the applicants.