Tóth and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
FIRST SECTION
Application no. 37583/23 István Tamás TÓTH against Hungary and 4 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 11 July 2024 as a Committee composed of:
Krzysztof Wojtyczek , President , Lətif Hüseynov, Erik Wennerström , 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 5 September 2024.
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
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]
37583/23
04/10/2023
István Tamás TÓTH
1961
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
07/06/2024
03/05/2024
2,500
42015/23
11/11/2023
Géza BORDÁS
1944
Szabó Gábor
Göd
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
31/05/2024
18/03/2024
2,000
594/24
02/11/2023
Zoltánné JAMBRIK
1957
Bartos Ernő
Biatorbágy
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
22/05/2024
16/04/2024
9,100
6515/24
26/02/2024
Tibor BAKOS
1977
Kodela Viktor
Budapest
29/05/2024
30/04/2024
1,300
6785/24
26/02/2024
Zoltán KOVÁCS
1970
Kodela Viktor
Budapest
29/05/2024
30/04/2024
1,300
[1] Plus any tax that may be chargeable to the applicants.