Published on 19 February 2024
FIRST SECTION
Application no. 35610/22
BK1 and Others
against Hungary
lodged on 13 July 2022
communicated on 1 February 2024
SUBJECT MATTER OF THE CASE
The applicants are legal entities and private entrepreneurs engaged in the retail sale of automotive fuel.
The details of the individual applicants are set out in Appendix.
On 15 November 2021 Government Decree no. 624/2021 on the application of Act no. LXXXVII of 1990 on Price setting during emergency entered into force. The government decree set a cap on the retail price of petrol and diesel oil at 480 Hungarian forints per litre, initially for three months. Government Decree no. 626/2021 on the detailed rules of implementation entered into force on the same day. The measure was subsequently enacted by Act no. CXXX of 2021, which entered into force on 1 January 2022. The price cap was successively prolonged until 31 December 2022.
The applicants lodged a constitutional complaint on 13 July 2022 challenging the constitutionality of the government decrees and of Act no. CXXX of 2021.
On 6 December 2022 Government Decree no. 494/2022 was published in the Official Gazette and entered into force on the same day, terminating the application of the regulated price scheme.
The proceedings before the Constitutional Court were discontinued on 31 January 2023 on the grounds that the impugned provisions were not in force anymore, no measures were taken, and no proceedings were initiated against any of the petitioners in application of those provisions.
The applicants complain that their rights under Article 1 of Protocol No. 1 have been violated as a result of the implementation of the regulated price scheme in respect of automotive fuel, without the possibility to obtain compensation.
QUESTION TO THE PARTIES
Has there been an interference with the applicants’ right to peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1 on account of the regulated fuel price scheme?
If so, was that interference necessary to control the use of property in accordance with the general interest?
APPENDIX (anonymity has been granted)
Application no. 35610/22
No.
Applicant’s Name
Year of registration
Place of registration
1.
BK1
1998
Besenyőtelek
2.
BK2
1990
Soltvadkert
3.
BK3
1995
Nyírbátor
4.
BK4
2003
Gyöngyös
5.
BK5
1991
Budapest
6.
BK6
2007
Berettyóújfalu
7.
BK7
1993
Gyöngyös
8.
BK8
2020
Tiszavasvári
9.
BK9
2011
Szombathely
10.
BK10
1995
Pápa
11.
BK11
1992
Nyíregyháza
12.
BK12
2017
Budapest
13.
BK13
2011
Budapest
14.
BK14
2011
Nagykőrös
15.
BK15
1997
Füzesabony
16.
BK16
2005
Budapest
17.
BK17
2018
Szigetszentmárton
18.
BK18
2000
Erdőtelek
19.
BK19
2014
Budapest
20.
BK20
2012
Csákberény
21.
BK21
1993
Szolnok
22.
BK22
2011
Jászalsószentgyörgy
23.
BK23
2009
Solt
24.
BK24
1999
Inárcs
25.
BK25
1990
Dunaszentgyörgy
26.
BK26
2010
Kiskunhalas
27.
BK27
1996
Baja
28.
BK28
2012
Mélykút
29.
BK29
1999
Táp
30.
BK30
2009
Budapest
31.
BK31
2010
Nyíregyháza
32.
BK32
2010
Budapest
33.
BK33
2012
Székesfehérvár
34.
BK34
1992
Bakonycsernye
35.
BK35
1988
Bonyhád
36.
BK36
2014
Budapest
37.
BK37
1996
Nyíregyháza-Sóstófürdő
38.
BK38
2010
Budapest
39.
BK39
1993
Kisapostag
40.
BK40
1995
Tarcal
41.
BK41
1998
Vaja
42.
BK42
1998
Budapest
43.
BK43
2005
Baja
44.
BK44
1991
Bekecs
45.
BK45
2019
Kecskemét
46.
BK46
2008
Budapest
47.
BK47
2011
Budapest
48.
BK48
1999
Gödöllő
49.
BK49
1997
Budapest