Németh and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
FIRST SECTION
Application no. 35415/23 Julianna NÉMETH against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 19 September 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 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 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 10 October 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 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]
35415/23
13/09/2023
Julianna NÉMETH
1982
Kozma Gábor
Budapest
13/05/2024
23/07/2024
2,700
2136/24
10/01/2024
Pál VLASICS
1977
Icsu Róbert
Budapest
25/07/2024
13/07/2024
8,200
2137/24
11/01/2024
Szabolcs OLÁH
1993
Fahidi Gergely
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
25/07/2024
08/04/2024
3,600
2909/24
11/01/2024
József FARKAS
1998
Bene Zoltán
Szeged
25/07/2024
02/04/2024
3,900
3321/24
16/01/2024
László BARTHA
1976
Soós Ádám
Budapest
22/07/2024
18/04/2024
5,500
3332/24
19/01/2024
Ferenc DIÓSI
1978
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
25/07/2024
04/07/2024
2,600
3788/24
29/01/2024
Péter BARANYAI
1983
Kalló Péter
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
22/07/2024
16/04/2024
6,400
3809/24
30/01/2024
Gyula PATÁLY
1976
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
22/07/2024
11/04/2024
2,700
3821/24
18/01/2024
Ildikó Mária KOVÁCSNÉ POLÓNYI
1950
Nagy Gábor
Budapest
25/07/2024
09/05/2024
6,500
4223/24
31/01/2024
Sándorné PÉNZES
1963
Soós Ádám
Budapest
25/07/2024
18/04/2024
5,500
[1] Plus any tax that may be chargeable to the applicants.