FAZEKAS AND OTHERS v. HUNGARY
Doc ref: 34358/19;40490/19;41323/19 • ECHR ID: 001-203708
Document date: June 11, 2020
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FOURTH SECTION
DECISION
Application no. 34358/19 Anikó FAZEKAS against Hungary and 2 other applications
( s ee appended table)
The European Court of Human Rights (Fourth Section), sitting on 11 June 2020 as a Committee composed of:
Stéphanie Mourou-Vikström , President, Georges Ravarani, Jolien Schukking, judges, and Liv Tigerstedt, 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicant s ’ replies to these declarations,
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 Article 13 of the Convention.
After unsuccessful friendly-settlement negotiations, the Government submitted declaration s with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application s .
The Government acknowledged the excessive length of civil proceedings . In some of the applications, they further acknowledged that the domestic authorities had violated the applicants ’ rights guaranteed by Article 13 of the Convention. They offered to pay the applicants the amount s detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount s would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 applicants informed the Court that they agreed to the terms of the declaration s .
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 finds that, following the applicants ’ express agreement to the terms of the declaration made by the Government, the case s should be treated as a friendly settlement between the parties.
It therefore 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 the continued examination of the application s .
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 .
Liv Tigerstedt Stéphanie Mourou-Vikström 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
Date of birth
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 acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros) [1]
34358/19
31/05/2019
Anikó FAZEKAS
24/05/1985
X. Pál Zoltán
Bduapest
25/02/2020
26/02/2020
5,200
40490/19
24/07/2019
Dávid Márton LÁSZLÓ
27/11/1977
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
12/02/2020
13/03/2020
2,500
41323/19
29/07/2019
József VIDÁK
24/11/1939
Németh Sándor
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings.
10/02/2020
13/03/2020
6,500
[1] Plus any tax that may be chargeable to the applicants.