FIRST SECTION
DECISION
Application no. 35387/23
Attila KUTKA against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 27 June 2024 as a Committee composed of:
Gilberto Felici, President,
Péter Paczolay,
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 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 18 July 2024.
Attila Teplán Gilberto Felici
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]
35387/23
12/09/2023
Attila KUTKA
1991
Frank Evelyn
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
29/05/2024
06/03/2024
2,600
38378/23
17/10/2023
Krisztina NAGYNÉ MÓZES
1973
Finta Eszter Klára
Budapest
31/05/2024
12/02/2024
6,500
38876/23
13/10/2023
György SZÉPHELYI
1968
Fahidi Gergely
Budapest
31/05/2024
27/02/2024
5,500
43081/23
11/12/2023
Zoltánné MÁGA
1970
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
27/05/2024
05/04/2024
3,900
43100/23
07/12/2023
Péter Szabolcs KURÁNYI
1994
Frank Evelyn
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
23/05/2024
21/03/2024
2,000
43102/23
07/12/2023
István KURÁNYI
1997
Frank Evelyn
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
23/05/2024
20/03/2024
2,000
208/24
20/12/2023
Ernőné Makula Lívia KUTKA
1987
Fahidi Gergely
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
27/05/2024
08/04/2024
3,300
2742/24
04/01/2024
Viktória SZŐCS
1993
Paulusz Bogáta
Budapest
31/05/2024
28/03/2024
2,000
3167/24
15/01/2024
Róbert BALOGH
1977
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
27/05/2024
18/04/2024
3,900
3331/24
19/01/2024
Zsolt Róbert EGYED
1968
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings
27/05/2024
19/04/2024
2,600
[1] Plus any tax that may be chargeable to the applicants.