Nagy and Others v. Hungary

FIRST SECTION

Application no. 53348/22 Szófia Alexandra NAGY against Hungary and 14 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 12 October 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 criminal 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 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 16 November 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 criminal 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]

53348/22

09/11/2022

Szófia Alexandra NAGY

1999

Kiss Gábor H.

Budapest

19/09/2023

13/04/2023

3,900

566/23

22/12/2022

Ágnes PERLAKY

1966

Bárándy Gergely Péter

Budapest

19/09/2023

17/05/2023

7,300

2799/23

29/12/2022

Béla KISS

1967

Janklovics Ádám

Budapest

19/09/2023

13/04/2023

3,900

7604/23

25/01/2023

Zsolt PUZSOMA

1972

Kiss Dániel Bálint

Budapest

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

20/09/2023

07/06/2023

6,500

8068/23

02/02/2023

Tamás BERKI

1995

N. Tóth Máté

Budapest

08/09/2023

19/07/2023

3,300

8616/23

06/02/2023

Anikó KIRÁLYNÉ MÉRCSE

1976

Holló József

Budapest

30/08/2023

29/05/2023

4,600

8623/23

10/02/2023

Norbert FAZEKAS

1980

Borsos Tamás

Budapest

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

19/09/2023

25/05/2023

3,300

9748/23

22/02/2023

Anita VITTMAN

1974

Zsigmond György

Budapest

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

31/08/2023

18/06/2023

9,100

9781/23

22/02/2023

Mária PUZSOMA

1972

Rácz József

Budapest

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

31/08/2023

18/06/2023

9,100

9891/23

22/02/2023

Istvánné MORHARDT

1959

Zsigmond György

Budapest

31/08/2023

18/06/2023

9,100

9892/23

22/02/2023

László MOCZÓ

1969

Zsigmond György

Budapest

31/08/2023

18/06/2023

9,100

11914/23

16/02/2023

Róbert Ferenc ALBERT

1991

Karsai Dániel András

Budapest

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

08/09/2023

04/07/2023

2,600

13056/23

06/03/2023

Éva SIROKI

1981

N. Tóth Máté

Budapest

30/08/2023

03/06/2023

3,900

13069/23

16/03/2023

Tímea MAHLERNÉ KIS

1971

Zsigmond György

Budapest

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

20/09/2023

03/08/2023

9,100

13180/23

10/02/2023

Attila BÉRES

1966

Borsos Tamás

Budapest

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

19/09/2023

25/05/2023

3,300

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