SECOND SECTION

CASE OF HORVÁTH AND OTHERS v. HUNGARY

(Applications nos. 11955/24 and 4 others – see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

30 April 2025

 

This judgment is final but it may be subject to editorial revision.


In the case of Horváth and Others v. Hungary,

The European Court of Human Rights (Second Section), sitting as a Committee composed of:

 Gediminas Sagatys, President,
 Stéphane Pisani,
 Juha Lavapuro, judges,

and Attila Teplán, Acting Deputy Section Registrar,

Having deliberated in private on 27 March 2025,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in applications against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2.  The Hungarian Government (“the Government”) were given notice of the applications.

THE FACTS

3.  The list of applicants and the relevant details of the applications are set out in the appended table.

4.  The applicants complained of the excessive length of criminal proceedings. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

  1. JOINDER OF THE APPLICATIONS

5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

  1. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION

6.  The applicants complained principally that the length of the criminal proceedings in question had been incompatible with the “reasonable time” requirement. They relied on Article 6 § 1 of the Convention, which reads as follows:

Article 6 § 1

“In the determination of ... any criminal charge against him, everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”

7.  The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicants and the relevant authorities and what was at stake for the applicants in the dispute (see, among many other authorities, Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999II, and Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000VII).

8.  In the leading case of Barta and Drajkó v. Hungary, no. 35729/12, 17 December 2013 the Court already found a violation in respect of issues similar to those in the present case.

9.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of justifying the overall length of the proceedings at the national level. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the “reasonable time” requirement.

10.  These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.

  1. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

11.  Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Barta and Drajkó (cited above, §§ 25-26).

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION

12.  Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

13.  Regard being had to the documents in its possession and to its caselaw, the Court finds it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

  1. Decides to join the applications;
  2. Declares the applications admissible;
  3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings;
  4. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);
  5. Holds

(a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 30 April 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Attila Teplán Gediminas Sagatys
 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

Start of proceedings

End of proceedings

Total length

Levels of jurisdiction

Other complaints under well-established case-law

Amount awarded for pecuniary and nonpecuniary damage and costs and expenses per applicant

(in euros)[1]

  1.    

11955/24

16/04/2024

István HORVÁTH

1984

 

Kiss Dalma

Budapest

02/08/2016

 

pending

 

More than 8 year(s) and 6 month(s) and 24 day(s)

1 level(s) of jurisdiction

 

 

5,500

  1.    

15488/24

23/05/2024

Tibor SETÉT

1997

 

Kiss Dániel Bálint

Budapest

11/03/2019

 

13/05/2024

 

5 year(s) and 2 month(s) and 3 day(s)

2 level(s) of jurisdiction

 

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

2,600

  1.    

20614/24

15/07/2024

Dániel András PETI

1997

 

Kiss Dániel Bálint

Budapest

22/06/2019

 

12/09/2024

 

5 year(s) and 2 month(s) and 22 day(s)

2 level(s) of jurisdiction

 

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

2,600

  1.    

22902/24

26/07/2024

Artur OPREA

1976

 

Kiss Dalma

Budapest

18/07/2013

 

17/05/2024

 

10 year(s) and 10 month(s)

3 level(s) of jurisdiction

 

 

2,800

  1.    

22909/24

26/07/2024

András ROSTÁS

2001

 

Kiss Dániel Bálint

Budapest

29/08/2020

 

28/06/2024

 

3 year(s) and 10 month(s)

1 level(s) of jurisdiction

 

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

2,600

 


[1] Plus any tax that may be chargeable to the applicants.