BRICKNER AND OTHERS v. HUNGARY
Doc ref: 57981/21;14454/22;15055/22;17674/22;18362/22;19776/22;28552/22;31580/22;33398/22;34879/22 • ECHR ID: 001-223140
Document date: January 19, 2023
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FIRST SECTION
DECISION
Application no. 57981/21 Lászlóné BRICKNER and Others against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 19 January 2023 as a Committee composed of:
Alena Poláčková , President , Gilberto Felici, Raffaele Sabato , 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 civil 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 9 February 2023.
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
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]
57981/21
16/11/2021
(5 applicants)
Lászlóné BRICKNER
1948Józsefné HERGOVICS
1952Ferenc POLECZKI
1957Ferenc ERDŐS
1941Kálmán BELEZNAY
1942Bartos Ernő
Biatorbágy
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
12/09/2022
28/11/2022
9,100
14454/22
25/02/2022
Ferenc HÓBOR
1964Bartos Ernő
Biatorbágy
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
12/09/2022
28/11/2022
9,100
15055/22
02/03/2022
Károly BALOG
1992Szabó Gábor
Göd
29/11/2022
06/09/2022
2,000
17674/22
21/03/2022
Sandor KISS
1985Szabó Gábor
Göd
23/11/2022
16/09/2022
2,000
18362/22
21/03/2022
József Sándor FARKAS
1959Szabó Gábor
Göd
23/11/2022
16/09/2022
2,000
19776/22
13/04/2022
János ISTVÁN
1955Kővári Kálmán
Budapest
18/11/2022
21/11/2022
6,500
28552/22
30/05/2022
József RÉZMŰVES
1990
18/11/2022
17/10/2022
3,900
31580/22
17/06/2022
István BALOGH
1962Szabó Gábor
Göd
18/11/2022
14/10/2022
2,600
33398/22
28/04/2021
Zoltán MAGYAR
1973Füredi Péter
Pécs
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
14/11/2022
25/10/2022
1,000
34879/22
04/07/2022
Alex MURA
1996Szabó Gábor
Göd
18/11/2022
03/10/2022
2,600
[1] Plus any tax that may be chargeable to the applicants.