Boross and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 17178/19 László Sándor BOROSS against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 28 November 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President, Georges Ravarani, Jolien Schukking, judges, and Liv Tigerstedt, 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 application no. 39605/19, a complaint based on the same facts was also communicated under Article 13 of the Convention.
The Court received the friendly-settlement declarations 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 December 2019.
Liv Tigerstedt Stéphanie Mourou-Vikström 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
Date 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) [i]
17178/19
06/03/2019
László Sándor BOROSS
24/05/1956
Rónay István Aladár
Budapest
31/07/2019
16/10/2019
7,800
23352/19
15/04/2019
Norbert FAZEKAS
22/01/1980
Borsos Tamás
Budapest
25/10/2019
09/09/2019
2,600
27413/19
15/04/2019
Gábor KIS-HORVÁTH
23/04/1976
Borsos Tamás
Budapest
25/10/2019
09/09/2019
2,600
28087/19
01/04/2019
Zoltán BARÁTH
21/04/1965
Borsos Tamás
Budapest
26/09/2019
09/09/2019
6,500
29025/19
24/05/2019
László Ferenc PÓSFAI
23/03/1963
03/10/2019
07/10/2019
6,500
30492/19
08/05/2019
Sándor BATÁRI
12/09/1967
Horváth Mária Margit
Budapest
08/11/2019
09/10/2019
4,600
34027/19
20/06/2019
László VIRÁG
09/10/1960
Cseterics Krisztián
Budapest
08/11/2019
30/09/2019
3,900
36061/19
03/07/2019
Lajos SOLTI
21/01/1953
Török Ildikó
Hódmezővásárhely
08/11/2019
19/09/2019
16,900
38992/19
17/07/2019
Sándor GÁL
11/11/1993
Hatlaczki Gyula
Nagykáta
07/11/2019
19/09/2019
3,900
39605/19
18/07/2019
Tibor FÜSZ
06/10/1972
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
25/10/2019
24/09/2019
3,300
[i] . Plus any tax that may be chargeable to the applicants.