Published on 5 May 2025
 
SECOND SECTION
Application no. 39991/23
ALCU TEAM 2000 Kft. and Others
against Hungary
lodged on 27 October 2023
communicated on 17 April 2025
SUBJECT MATTER OF THE CASE
The application concerns the enactment of new legislation concerning waste management and an alleged violation of the applicants’ property and fair trial rights in that context.
The applicants are companies which had licences to carry out waste management activities for a number of years.
On 22 February 2021 new legislation was adopted modifying Act No. CLXXXV of 2012 on waste management, which introduced a new integrated (concession-based) model of waste management.
Consequently, on 1 July 2023 the State granted a concession to a single concessionaire for 35 years. The applicants submit that they could not apply for such a concession because apparently they did not fulfil the statutory requirements set out in the new legislation.
Some of the applicants lodged a constitutional complaint which was dismissed by the Constitutional Court on 21 June 2023 (decision served on the applicants on 27 June 2023), largely on the basis of an amicus curiae brief submitted by the Ministry of Innovation and Technology, which was allegedly never forwarded to the applicants.
Relying on Article 1 of Protocol No. 1 to the Convention, the applicants complain that they lost their licences for waste management activities and could not apply for a new concession, making it impossible for them to carry on their business, and this without adequate compensation. They also complain that, as of 1 July 2023, they had to transfer their existing waste stocks to the new concessionaire, that they lost their clientele and that the sale of their equipment and facilities was conditioned on the competent Minister’s prior authorisation against which there was no possibility of judicial review.
The applicants further complain, under Article 6 § 1 of the Convention, that the failure to forward to them the amicus curiae brief submitted by the Ministry of Innovation and Technology violated the principles of adversarial proceedings and equality of arms.
QUESTIONS TO THE PARTIES
1.  Has there been an interference with the applicants’ peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention?
If so, did that interference comply with the requirements of Article 1 of Protocol No. 1? In particular:
(a) Was that interference lawful and necessary to control the use of property in accordance with the general interest?
(b) Was an excessive individual burden imposed on the applicants (compare Pannon Plakát Kft. and Others v. Hungary, no. 39859/14, §§ 50‑59, 6 December 2022; Könyv-Tár Kft. and Others v. Hungary, no. 21623/13, §§ 48-59, 16 October 2018 ; Vékony v. Hungary, no. 65681/13, §§ 32-37, 13 January 2015)?
(c) Was there an adequate compensatory scheme available to the applicants (see Könyv-Tár Kft. and Others v. Hungary, no. 21623/13, §§ 56‑57, 16 October 2018 )?
2.  Did the applicants have a fair hearing in the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of adversarial proceedings respected in the proceedings before the Constitutional Court (see Janáček v. the Czech Republic, no. 9634/17, §§ 46-56, 2 February 2023)?
 
 
 
APPENDIX
Application no. 39991/23
 
No.
Applicant’s Name
Year of birth/registration
Place of residence
1.
ALCU TEAM 2000 KFT.
2000
Gödöllő
2.
BÉKE-METÁL KFT.
2008
Szolnok
3.
DOBRAI KFT.
2000
Budapest
4.
ECOMETALEX RECYCLING KFT.
2002
Csömör
5.
EGRI FÉM KFT.
2005
Miskolc
6.
Judit HÖRCSÖGNÉ KOVÁCS
1967
Izsák
7.
HWD RECYCLING KFT.
2007
Seregélyes
8.
INTER-METAL RECYCLING KFT.
1997
Budapest
9.
JÁSZMETÁLL KFT.
2013
Jászapáti
10.
KAPOCS-FÉM KFT.
2011
Hort
11.
KOLLER METÁL KFT.
2010
Baja
12.
KÖRNYEZET-2001 KFT.
2001
Szolnok
13.
M. KONTÉNER KFT.
2006
Budapest
14.
MAPE-KER KFT.
2004
Budapest
15.
METÁLKER HUNGÁRIA KFT.
1997
Csömör
16.
M-FERRO KFT.
2005
Budapest
17.
MI-FÉM 2005 KFT.
2005
Szirmabesenyő
18.
MIKLÓS FÉM KFT.
2011
Törökszentmiklós
19.
MIXTRADE TRANS KFT.
2013
Alsózsolca
20.
NATUR ASSET KFT.
2010
Budapest
21.
POVAS KFT.
2005
Miskolc
22.
TISZA-BÉRC KFT.
2008
Miskolc
23.
TÖRÖK METALS KFT.
2010
Algyő
24.
VAFIPKER KFT.
1989
Tiszakécske
25.
VERES-METAL KFT.
2010
Veresegyház
26.
V-INDUSTRIA METAL KFT.
2007
Kisbér
27.
VITA GLASS KFT.
2010
Miskolc
28.
ZSOLBERT KFT.
2001
Törökbálint