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CZIBERE AND OTHERS v. HUNGARY

Doc ref: 5975/20;10856/20;26125/20;26335/20;28574/20;33011/20;35994/20;36354/20;37661/20;39064/20 • ECHR ID: 001-208854

Document date: February 18, 2021

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CZIBERE AND OTHERS v. HUNGARY

Doc ref: 5975/20;10856/20;26125/20;26335/20;28574/20;33011/20;35994/20;36354/20;37661/20;39064/20 • ECHR ID: 001-208854

Document date: February 18, 2021

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 5975/20 Kornél CZIBERE against Hungary and 9 other applications

(s ee appended table)

The European Court of Human Rights (First Section), sitting on 18 February 2021 as a Committee composed of:

Alena Poláčková , President, Péter Paczolay , Gilberto Felici, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application s lodged on the various dates indicated in the appended table,

Having regard to the formal declaration s accepting a friendly settlement of the case s ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s 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”) . In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention (see appended table below).

The Court received the friendly-settlement declarations , signed by the parties, under which the applicant s 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 case s 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 11 March 2021 .

Viktoriya Maradudina 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

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]

5975/20

14/01/2020

Kornél CZIBERE

1974Petrik Péter

Budapest

02/09/2020

18/01/2021

1,000

10856/20

19/02/2020

Kálmán Gyula VIDA

1950

07/07/2020

11/01/2021

9,100

26125/20

02/06/2020

Anna Mária ZEMEN

1968Hrabéczy Miklós

Monor

30/11/2020

25/01/2021

4,600

26335/20

08/11/2019

Eszter HORVÁTH

1997Pivarnyikné Juhász Emőke

Budapest

15/12/2020

13/01/2021

3,900

28574/20

16/06/2020

Róbertné FARKAS

1961Pivarnyikné Juhász Emőke

Budapest

15/12/2020

13/01/2021

6,500

33011/20

21/07/2020

Violetta Eszter FODOR

1972

05/01/2021

14/01/2021

6,500

35994/20

17/06/2020

GORDIUSZ 95 ’ ZRT.

1998Kiss Dániel Bálint

Budapest

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

16/12/2020

13/10/2020

2,000

36354/20

06/08/2020

Sándor LOVASS

1964Pivarnyikné Juhász Emőke

Budapest

11/01/2021

13/01/2021

7,800

37661/20

14/08/2020

Attila SOKVÁRI

1970Neizer Norbert

Budapest

15/01/2021

14/01/2021

9,100

39064/20

18/08/2020

Gábor Antal SIMONYI

1962Bárándy Péter

Budapest

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

17/12/2020

23/10/2020

16,900

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

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