FIRST SECTION
DECISION
Application no. 33681/21
Jenő CSONKA against Hungary
and 11 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 17 May 2023 as a Committee composed of:
Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, 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 observations submitted by the respondent Government and the observations in reply submitted by the applicants,
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 Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of a related remedy were communicated to the Hungarian Government (“the Government”).
THE LAW
Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Complaints under Article 6 § 1 (excessive length of civil proceedings) and Article 13 (lack of effective remedy) of the ConventionIn the present applications, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the protractedness of the proceedings or the absence of a related remedy.
In particular, the Court has found that an effective remedy is available in Hungary to provide redress for the excessive length of civil proceedings (see Szaxon v. Hungary (dec.), no. 54421/21, 21 March 2023).
However, the applicants have not availed themselves of this legal avenue. Therefore, the Court finds that the complaints under Article 6 § 1 are inadmissible for non-exhaustion of domestic remedies. Furthermore, the related complaint under Article 13 is manifestly ill-founded.
It follows that the applications must be rejected in accordance with Article 35 §§ 1, 3 (a) and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 8 June 2023.
Attila Teplán Alena Poláčková
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
Other complaints under well-established case-law
33681/21
14/06/2021
Jenő CSONKA
1974
Hatlaczki Gyula
Nagykáta
09/02/2016
13/05/2021
5 year(s) and 3 month(s) and 5 day(s)
2 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
35784/21
01/07/2021
Mónika CSERCSA
1973
Szabó Katalin
Budapest
04/03/2010
11/01/2021
10 year(s) and 10 month(s) and 8 day(s)
2 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
39061/21
27/07/2021
Györgyi SZÓCSKA
1964
22/06/2012
04/05/2021
8 year(s) and 10 month(s) and 13 day(s)
3 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
41790/21
06/08/2021
Zsuzsanna VATTA
1982
Nagy Gergely Tamás
Budapest
26/11/2013
02/12/2020
7 year(s) and 7 day(s)
1 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
42274/21
09/08/2021
László LENDVAY
1970
19/04/2013
13/01/2021
7 year(s) and 8 month(s) and 26 day(s)
3 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
42565/21
16/08/2021
Zoltán BÍRÓ
1967
Bieber Ivóna
Budapest
04/03/2010
11/01/2021
10 year(s) and 10 month(s) and 8 day(s)
2 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
43297/21
18/08/2021
József HARIS
1950
Hatlaczki Gyula
Nagykáta
28/08/2014
13/02/2021
6 year(s) and 5 month(s) and 17 day(s)
1 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
44455/21
23/08/2021
József CSABA
1948
Hatlaczki Gyula
Nagykáta
28/01/2014
31/05/2021
7 year(s) and 4 month(s) and 4 day(s)
2 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
56575/21
16/11/2021
László ZSOLDOS
1957
Hubay Gábor
Pécs
13/01/2015
13/05/2021
6 year(s) and 4 month(s) and 1 day(s)
3 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
58193/21
23/11/2021
István LÉVAI
1953
05/09/2013
31/08/2021
7 year(s) and 11 month(s) and 27 day(s)
2 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
58195/21
24/11/2021
Ferenc Attila MÉSZÁROS
1969
01/08/2010
03/06/2021
10 year(s) and 10 month(s) and 3 day(s)
3 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
60914/21
01/12/2021
Klára CZERVAN
1949
Hatlaczki Gyula
Nagykáta
28/01/2014
31/05/2021
7 year(s) and 4 month(s) and 4 day(s)
2 level(s) of jurisdiction
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings