FIRST SECTION

DECISION

Application no. 49971/22 András TÓTH against Hungary

(see appended table)

The European Court of Human Rights (First Section), sitting on 28 September 2023 as a Committee composed of:

Krzysztof Wojtyczek , President , Lətif Hüseynov, Ivana Jelić , judges ,

and Attila Teplán, Acting Deputy Section Registrar,

Having regard to the above application lodged on 17 October 2022,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr A.T. Tóth, a lawyer practising in Budapest.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.

After unsuccessful friendly-settlement negotiations, the Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.

The Government acknowledged the excessive length of criminal proceedings. They further acknowledged that the domestic authorities had violated the applicant’s rights guaranteed by other provisions of the Convention. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, 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 case.

The applicant informed the Court that he agreed to the terms of the declaration.

THE LAW

The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.

It therefore 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 the continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 19 October 2023.

Attila Teplán Krzysztof Wojtyczek Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of criminal proceedings)

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 acceptance

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

49971/22

17/10/2022

András TÓTH

1983Tóth Attila Tas

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

24/04/2023

17/05/2023

6,500

[1] Plus any tax that may be chargeable to the applicants.