Přehled

Rozhodnutí

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 abovementioned 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 wellestablished 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

1948

Józsefné HERGOVICS

1952

Ferenc POLECZKI

1957

Ferenc ERDŐS

1941

Kálmán BELEZNAY

1942

Bartos 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

1964

Bartos 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

1992

Szabó Gábor

Göd

29/11/2022

06/09/2022

2,000

17674/22

21/03/2022

Sandor KISS

1985

Szabó Gábor

Göd

23/11/2022

16/09/2022

2,000

18362/22

21/03/2022

József Sándor FARKAS

1959

Szabó Gábor

Göd

23/11/2022

16/09/2022

2,000

19776/22

13/04/2022

János ISTVÁN

1955

Kővári 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

1962

Szabó Gábor

Göd

18/11/2022

14/10/2022

2,600

33398/22

28/04/2021

Zoltán MAGYAR

1973

Füredi 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

1996

Szabó Gábor

Göd

18/11/2022

03/10/2022

2,600


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