Přehled

Rozhodnutí

FIRST SECTION

DECISION

Application no. 54148/21
Ferencné KAPCSA against Hungary
and 9 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 8 September 2022 as a Committee composed of:

Krzysztof Wojtyczek, President,

Erik Wennerström,

Lorraine Schembri Orland, 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 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 29 September 2022.

Attila Teplán Krzysztof Wojtyczek
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]

54148/21

26/10/2021

Ferencné KAPCSA

1955

Kiss Dániel Bálint

Budapest

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

04/07/2022

21/03/2022

4,600

54449/21

25/10/2021

Attiláné TÓTH

1976

Kozák Andrea

Miskolc

04/07/2022

07/04/2022

1,800

54451/21

25/10/2021

László Miklós BÍRÓ

1952

Kozák Andrea

Miskolc

04/07/2022

07/04/2022

1,800

56497/21

11/11/2021

Zoltán Sándor KOVÁCS

1969

Kiss Dániel Bálint

Budapest

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

28/06/2022

14/04/2022

5,200

57766/21

22/11/2021

Zsuzsanna GROMOLYA

1985

Szabó Gábor

Göd

28/06/2022

19/04/2022

3,300

58166/21

15/11/2021

Rita BÖKÖNYI

1976

Karsai Dániel András

Budapest

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

11/07/2022

06/04/2022

5,500

60901/21

26/11/2021

Krisztián DIMITERSZTANEV

1977

Bihari István

Budapest

11/07/2022

14/07/2022

8,200

60917/21

30/11/2021

Zsuzsanna Borbála HARTMATH

1968

Gál-Bene Ildikó

Nagykáta

11/07/2022

25/05/2022

9,100

60942/21

08/12/2021

Előd Sándor GERLEFALVI-NAGY

1972

Bene Zoltán

Szeged

28/06/2022

13/04/2022

6,500

7708/22

21/01/2022

Antal Péter GERA

1976

Visontai Csongor

Budapest

11/07/2022

13/06/2022

4,600


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