TÓTH AND OTHERS v. HUNGARY
Doc ref: 34809/22;36195/22;52758/22;53937/22;57319/22 • ECHR ID: 001-225393
Document date: May 17, 2023
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 0
FIRST SECTION
DECISION
Application no. 34809/22 György TÓTH against Hungary and 4 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 17 May 2023 as a Committee composed of:
Alena PoláÄková , 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 Governmentâ€). 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 8 June 2023.
Attila Teplán Alena PoláÄková 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]
34809/22
11/07/2022
György TÓTH
1978Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
23/03/2023
25/01/2023
12,700
36195/22
16/07/2022
János BORS
1951General Ivett
Budapest
29/03/2023
27/02/2023
4,600
52758/22
10/03/2021
József BALOGH
1987Borsos Tamás
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
22/03/2023
26/01/2023
2,600
53937/22
16/11/2022
József SOLTÉSZ
1960Szabó Gábor
Göd
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
06/04/2023
17/03/2023
2,000
57319/22
27/10/2022
József ROSTÃS
1991Szabó Gábor
Göd
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
06/04/2023
17/03/2023
2,600
[1] Plus any tax that may be chargeable to the applicants.