Makula and Others v. Hungary

FIRST SECTION

Application no. 50381/22 Csaba Roland MAKULA against Hungary and 2 other applications

(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 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”).

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 19 October 2023.

Attila Teplán Krzysztof Wojtyczek 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 declaration

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

(in euros) [1]

50381/22

21/10/2022

Csaba Roland MAKULA

1982

21/07/2023

26/05/2023

2,600

3902/23

08/01/2023

(7 applicants)

István VÁGVÖLGYI

1948

Ervin László REMÉNYI

1938

Károlyné JUHÁSZ

1942

Kornél CSEH

1963

Gábor NAGY

1955

Household

Zoltánné GUTI

1952

Zoltán GUTI

1950

Kodela Viktor

Budapest

03/08/2023

13/05/2023

2,000

11018/23

03/03/2023

(17 applicants)

Erzsébet MÉSZÁROS

1975

Balázs Gyula BAKÓ

1974

Sándor Lászlóné BAKÓ

1942

Ferenc CSEJTEI

1951

Zita FALUCSKAI

1981

Lajos László GASPARIK

1945

Péter HORVÁTH

1953

Ferencné MÉSZÁROS

1935

Attila NÉMETH

1973

Lászlóné NÉMETH

1946

Zsuzsanna NÉMETH

1968

Judit SOMLAI

1957

Ferenc József TALABÉR

1949

Adél TÁRNYIK

1986

Magdolna Mária TÁRNYIKNÉ SZÁSZ

1961

Erzsébet TEGZESNÉ ERŐS

1954

Tibor Lászlóné VADÁSZ

1951

Kodela Viktor

Budapest

03/08/2023

13/05/2023

2,000

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