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BERKI AND OTHERS v. HUNGARY
Doc ref: 12307/21;15064/21;16053/21;17716/21;19321/21;20979/21;24879/21;24945/21;25704/21;40493/21 • ECHR ID: 001-216032
Document date: February 3, 2022
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BERKI AND OTHERS v. HUNGARY
Doc ref: 12307/21;15064/21;16053/21;17716/21;19321/21;20979/21;24879/21;24945/21;25704/21;40493/21 • ECHR ID: 001-216032
Document date: February 3, 2022
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 12307/21 Endre BERKI against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 3 February 2022 as a Committee composed of:
Alena Poláčková, President, Raffaele Sabato, Davor Derenčinović, judges, and Attila Teplán, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Hungary in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 24 February 2022.
Attila Teplán Alena Poláčková Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under well-established case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros) [1]
12307/21
18/02/2021
Endre BERKI
1962Bojkó Dóra
Budapest
30/11/2021
15/07/2021
6,500
15064/21
08/03/2021
Gábor HOFFMANN
1975
02/11/2021
27/09/2021
7,800
16053/21
11/03/2021
Csaba GALYAS
1983Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
20/12/2021
19/07/2021
2,000
17716/21
19/03/2021
Miklós KOCSIS
1955Szabó Gábor
Göd
23/12/2021
29/09/2021
3,900
19321/21
18/03/2021
Zoltán MOLNÁR
1977Csugányné Lakatos Csilla
Miskolc
21/12/2021
08/10/2021
2,300
20979/21
08/04/2021
Franz Peter KRUSE
1946Bojkó Dóra
Budapest
22/12/2021
11/11/2021
11,800
24879/21
04/05/2021
Sándor Péter ZSOLDI
1977Hatlaczki Gyula
Nagykáta
30/11/2021
29/09/2021
3,200
24945/21
15/04/2021
Erzsébet GÁLNÉ GAVALLÉR
1953Jaczkovits Zita
Nyíregyháza
02/11/2021
15/10/2021
3,900
25704/21
04/05/2021
László Viktor RÉZ
1973Hatlaczki Gyula
Nagykáta
21/12/2021
02/09/2021
3,200
40493/21
02/08/2021
Simon VÁRADI
1977Csugányné Lakatos Csilla
Miskolc
20/12/2021
15/11/2021
2,600
[1] Plus any tax that may be chargeable to the applicants.
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