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VARGA AND OTHERS v. HUNGARY

Doc ref: 33409/22;34066/22;34835/22;35581/22;35793/22;40605/22;41047/22;41174/22;46168/22;47204/22 • ECHR ID: 001-224375

Document date: March 23, 2023

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VARGA AND OTHERS v. HUNGARY

Doc ref: 33409/22;34066/22;34835/22;35581/22;35793/22;40605/22;41047/22;41174/22;46168/22;47204/22 • ECHR ID: 001-224375

Document date: March 23, 2023

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 33409/22 Csaba VARGA against Hungary and 9 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 23 March 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 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 13 April 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 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]

33409/22

29/06/2022

Csaba VARGA

1974Szeiman Erika Vivien

Szeged

02/02/2023

08/11/2022

6,500

34066/22

06/07/2022

Tibor SZEKERES

1971Kiss Dániel Bálint

Budapest

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

02/02/2023

02/11/2022

4,600

34835/22

11/07/2022

Tamás FITZ

1991Kiss Dániel Bálint

Budapest

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

02/02/2023

01/12/2022

2,000

35581/22

14/07/2022

Zoltán NÉMETH

1973Kiss Dalma

Budapest

02/02/2023

18/11/2022

8,200

35793/22

15/07/2022

Roland NAGY

1973Bene Zoltán

Szeged

02/02/2023

11/10/2022

7,300

40605/22

15/08/2022

Olivér CSURJA

1997Kiss Dániel Bálint

Budapest

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

02/02/2023

08/11/2022

2,600

41047/22

17/08/2022

Szabina GALÁN

1988Tóth N. Máté

Budapest

13/02/2023

14/11/2022

3,600

41174/22

19/08/2022

Szabolcs SÁFÁR

1969Nagy Gábor

Budapest

13/02/2023

06/01/2023

7,800

46168/22

09/09/2022

Ferenc BORSÓDI

1971Kiss Dániel Bálint

Budapest

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

15/02/2023

08/12/2022

2,600

47204/22

15/09/2022

Sándor CZÉGÉNY

1940Bieber Ivona

Budapest

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

13/02/2023

19/12/2022

10,000

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

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