Keszo-Elit Bt and Others v. Hungary

FIRST SECTION

Application no. 27524/23 KESZO-ELIT BT against Hungary and 4 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 13 June 2024 as a Committee composed of:

Gilberto Felici , President , Péter Paczolay, 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 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 4 July 2024.

Attila Teplán Gilberto Felici 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/ registration

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]

27524/23

28/06/2023

KESZO-ELIT BT

1994

Kiss Dániel Bálint

Budapest

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

10/05/2024

25/01/2024

5,200

32647/23

09/08/2023

(17 applicants)

Ferencné TÁNCOS

1958

András ÁCS

1951

József BODNÁR

1964

Nándor László BODNÁR

1972

Tibor DUDÁS

1962

Tamás GAÁL

1994

Zsanett GAÁL

1976

Judit GAÁLNÉ MAGYARICS

1963

Istvánné KISS

1938

Péter PAJOR

1954

Erika PRIKKELNÉ FEKETE

1960

József SÉLLEY

1961

Sándor SZABÓ

1952

Zoltán SZABÓ

1964

Miklós SZAMOSI

1938

László Sándor SZÉNÁSI

1968

György TIMÁR

1945

Bartos Ernő

Biatorbágy

15/05/2024

11/03/2024

9,100

36013/23

20/09/2023

(8 applicants)

Marianna Zsuzsanna ROSTA

1953

László BÁTORI

1974

Lászlóné BÁTORI

1954

Norbert BÁTORI

1977

Zoltán Istvánné DOMBAI

1923

Zoltán László DOMBAI

1953

Tibor KIS

1957

TISZTA ENERGIÁVAL MAGYARORSZÁGÉRT PÁRT

2019

Barbalics István

Budapest

15/05/2024

03/05/2024

9,100

37378/23

27/09/2023

Gabriella TÓTHNÉ SZALAI

1975

Csonka Balázs

Csopak

10/05/2024

29/01/2024

1,000

37584/23

05/10/2023

S-MIX KFT

1998

Kiss Dániel Bálint

Budapest

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

21/02/2024

14/05/2024

2,000

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