Kutka and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
SECOND SECTION
Application no. 9423/24 Attila KUTKA against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 7 November 2024 as a Committee composed of:
Davor Derenčinović , President , Gediminas Sagatys, Stéphane Pisani , 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 28 November 2024.
Attila Teplán Davor Derenčinović 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]
9423/24
22/03/2024
Attila KUTKA
1971
Frank Evelyn
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
11/10/2024
10/07/2024
2,600
10287/24
26/03/2024
Andrea KOVÁCS
1981
Fahidi Gergely
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
24/09/2024
17/08/2024
2,300
10288/24
25/03/2024
Armandó Tibor KOVÁCS
2000
Frank Evelyn
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
11/10/2024
12/08/2024
2,000
10689/24
14/03/2024
Krisztián FARKAS
1991
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
24/09/2024
03/07/2024
3,300
10878/24
07/03/2024
Katalin Mária BAKINÉ VARGA
1953
Fahidi Gergely
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
01/10/2024
20/06/2024
5,900
10905/24
21/03/2024
Szabolcs KOLLÁR
1978
Fahidi Gergely
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings -
24/09/2024
17/08/2024
2,300
11679/24
08/04/2024
Erika BOTOSNÉ CSIKLYA
1998
Frank Evelyn
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
01/10/2024
16/07/2024
2,000
12302/24
18/04/2024
Imre GERE
1967
Borsos Tamás
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
02/10/2024
17/07/2024
3,300
12859/24
22/04/2024
Sergii KHRUSTALENKO
1974
Paulusz Bogáta
Budapest
17/09/2024
29/07/2024
3,900
12903/24
26/04/2024
Róbert PÉNZES
1984
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
24/09/2024
03/09/2024
6,400
[1] Plus any tax that may be chargeable to the applicants.