Resolution CM/ResDH(2021)383

Execution of the judgments of the European Court of Human Rights

Hunguest Zrt against Hungary

(Adopted by the Committee of Ministers on 8 December 2021

at the 1420 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

66209/10

HUNGUEST ZRT

30/11/2016

16/04/2018

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the final judgments transmitted by the Court to the Committee in this case and to the violations established on account of the excessive length of judicial proceedings and the applicant company’s inability to use the financial means deposited on an escrow account as a security until the end of these proceedings without yielding any interests (violations of Article 6 and Article 1 of Protocol No. 1 );

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government, indicating the measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)1204 );

Considering that the individual measures have been resolved, given that the domestic proceedings in this case have been terminated and the just satisfaction awarded by the Court was duly paid to the applicant company;

Recalling that the general measures required to respond to the shortcomings established by the Court in this case are being examined within the framework of the Gazsó group of cases (Application No. 48322/12) and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.