FIRST SECTION
DECISION
Application no. 43302/21
Zoltán LENGYEL against Hungary
and 2 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 is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Hungarian Government (“the Government”). The applicants also raised complaints based on the same facts under Article 13 of the Convention.
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 undue 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
43302/21
18/08/2021
Zoltán LENGYEL
1960
Hatlaczki Gyula
Nagykáta
28/08/2014
17/12/2020
6 year(s) and 3 month(s) and 20 day(s)
1 level(s) of jurisdiction
43377/21
23/08/2021
Ilona SZŰCSNÉ SIPOS
1954
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
43379/21
21/08/2021
Miklós SÁRKÖZI
1959
Szabó Katalin
Budapest
15/02/2013
02/02/2021
7 year(s) and 11 month(s) and 19 day(s)
2 level(s) of jurisdiction