Zsifkovics and Others v. Hungary

FIRST SECTION

Application no. 25717/21 István ZSIFKOVICS and Others against Hungary and 2 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 19 May 2022 as a Committee composed of:

Alena Poláčková, President, Raffaele Sabato, Davor Derenčinović, 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr I. Barbalics , a lawyer practising in Budapest.

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”).

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.

After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.

The Government acknowledged the excessive length of civil proceedings. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts 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 these amounts within the above-mentioned three-month period, the Government undertook 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 applicants were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints relating to the excessive length of civil proceedings (see, for example, Gazsó v. Hungary, no. 48322/12, 16 July 2015).

Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention ( Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).

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;

Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.

Done in English and notified in writing on 9 June 2022.

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

Date of receipt of Government’s declaration

Date of receipt of applicant’s comments, if any

Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses per applicant/household

(in euros) [1]

25717/21

07/05/2021

(29 applicants)

István ZSIFKOVICS

1953

Mariann ANTOSNÉ SZÍVA

1956

Szilveszter Tibor BALOG

1954

József BECZŐK

1942

Zoltánné BEDŐK

1940

Miklós BERTALAN

1950

Lajos Károlyné BÖDÖCS

1958

Imre CSENGERI

1955

Lászlóné CSIZMAZIA

1950

Lajosné GROÁK

1941

Csabáné KALUCZA

1946

Zoltán KERTÉSZ

1948

Veronika KRAUZIERITZNÉ LADOS

1961

Lászlóné NÉMETH

1937

Szilárd Gergely OROVICA

1977

Károlyné ÓVÁRI

1946

Ferencné PAPP

1942

László SOLYMOS

1947

Gézáné SZABÓ

1941

Károly SZABÓ

1952

Tamás Gyula SZARVAS

1946

Vendelné SZŰCS

1947

Mihályné UHRIN

1969

Csaba Lajos VÖLGYI

1955

József ZSIDEI

1958

Ferencné ZSIGOVICS

1969

Zoltán ZSOLDOS

1977

Household

Gergely NAGY

1957

István NAGY

1954

Barbalics István

Budapest

12/04/2022

23/04/2022

9,100

35928/21

30/06/2021

(14 applicants)

Zsuzsanna Zsófia VISONTAI

1971

Miklós SZIVA

1954

József MAY

1970

István FÖLDI

1930

József SZEMETI

1952

Ferencné SZEPESI

1946

György SZABÓ

1953

Józsefné ALMÁSI

1938

Tibor NAGY

1960

Katalin VÁRADI

1967

Miklós Ferencné BŐLE

1959

Ernő BÍRÓ

1951

László ÓDOR

1951

László PORDÁNY

1951

Barbalics István

Budapest

13/04/2022

23/04/2022

9,100

46670/21

08/09/2021

(21 applicants)

Géza VADÁSZ

1943

Kálmán BENDE

1937

Lajos GULYÁS

1953

Lászlóné ERDŐS

1965

Zoltán ZÁDORI

1954

Ferencné IHÁSZ

1954

Lajosné EGYED

1939

László BOROS

1947

Attila FERENC

1950

Kálmán KASZÁS

1961

András ERDŐHÁTI

1961

István József BEZZEG

1934

Lívia Mária STOMPNÉ KOLLÁR

1957

István TÓTH

1959

József BÖRZSEI

1959

János TAKÁCS

1943

Mátyás STIPKOVITS

1951

Tibor PINTYE

1958

Ferenc István KOVÁCS

1952

Márta SZELÉNÉ VARGA

1964

Tibor GÖMÖRI

1961

Barbalics István

Budapest

14/04/2022

23/04/2022

9,100

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