FIRST SECTION
DECISION
Application no. 38921/21
Stella ZUHATAGI-FÉSŰ against Hungary
and 9 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 Article 6 § 1 of the Convention concerning the excessive length of civil proceedings 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 of the Convention (excessive length of civil proceedings)In 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.
In particular, the Court has found that an effective remedy is available in Hungary to provide redress for the alleged grievances (see Szaxon v. Hungary (dec.), no. 54421/21, 21 March 2023).
However, the applicants have not availed themselves of this legal avenue. In view of the above, the Court finds that these complaints are inadmissible for non-exhaustion of domestic remedies and must be rejected in accordance with Article 35 §§ 1 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/registration
Representative’s name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
38921/21
23/07/2021
Stella ZUHATAGI-FÉSŰ
1975
Karsai Dániel András
Budapest
19/10/2011
02/02/2021
9 year(s) and 3 month(s) and 15 day(s)
4 level(s) of jurisdiction
46625/21
08/09/2021
János SEBŐ
1962
Tóth T Balázs
Budapest
02/11/2017
25/05/2021
3 year(s) and 6 month(s) and 24 day(s)
1 level(s) of jurisdiction
48773/21
24/09/2021
Dénes VARGA
1959
25/11/2008
21/06/2021
12 year(s) and 6 month(s) and 28 day(s)
2 level(s) of jurisdiction
50754/21
27/09/2021
Ferenc GÁL
1948
24/09/2013
21/06/2021
7 year(s) and 8 month(s) and 29 day(s)
2 level(s) of jurisdiction
53147/21
27/10/2021
Szilvia KOVÁCSNÉ JUHÁSZ
1978
Szmulai István
Székesfehérvár
09/06/2009
04/05/2021
11 year(s) and 10 month(s) and 26 day(s)
2 level(s) of jurisdiction
53372/21
20/10/2021
Péter VISZT
1960
Váczi Péter
Győr
21/05/2013
28/09/2021
8 year(s) and 4 month(s) and 8 day(s)
4 level(s) of jurisdiction
54424/21
27/10/2021
László SÁRAI
1969
Gál Anna
Budapest
31/07/2012
06/09/2021
9 year(s) and 1 month(s) and 7 day(s)
2 level(s) of jurisdiction
54445/21
27/10/2021
SELENIUM PHARMA BT
1993
13/11/2009
27/07/2021
11 year(s) and 8 month(s) and 15 day(s)
3 level(s) of jurisdiction
54558/21
06/10/2021
László BIRTA
1965
Karsai Dániel András
Budapest
28/12/2009
13/04/2021
11 year(s) and 3 month(s) and 17 day(s)
4 level(s) of jurisdiction
61166/21
17/12/2021
György GYETVAI
1958
Gerencsér Éva
Budapest
28/01/2015
12/05/2021
6 year(s) and 3 month(s) and 15 day(s)
2 level(s) of jurisdiction