TÓTH AND OTHERS v. HUNGARY
Doc ref: 59840/17;80487/17;82941/17 • ECHR ID: 001-194683
Document date: June 20, 2019
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FOURTH SECTION
DECISION
Application no. 59840/17 Etelka TÓTH and others against Hungary and 2 other applications
(s ee appended table)
The European Court of Human Rights (Fourth Section), sitting on 20 June 2019 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 applicat ion no. 82941/17 a complaint based on the same facts was 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 application no. 82941/17 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 declarations 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 .
Done in English and notified in writing on 11 July 2019 .
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 /household
(in euros) [i]
59840/17
08/08/2017
(25 applicants)
Etelka Tóth
17/04/1949
Szilvia Erzsébet Török
27/08/1975
Ágota Sütő
08/03/1966
Zenóbia Pitka
29/11/1964
Tamás Sáfár
11/10/1973
Éva Síkhegyi-Rácz
10/01/1976
Katalin Balogh
03/01/1965
László Kálmánné Kovács
18/03/1967
Ilona Péterné Dobos
05/03/1960
Mária Daróczi
31/07/1966
Mihályné Halász
02/06/1943
Krisztina Józsáné Lovász
08/08/1973
Krisztina Pataki
22/03/1979
Judit Hegedüsné Ballai
31/03/1972
Mariann Bíró
08/10/1974
Judit Sárkány
23/03/1960
Éva Pécsy
21/05/1973
Marianna Ördögh
18/10/1962
Lőrincné Takó
20/06/1966
Lajosné Kantó
20/01/1944
Judit Ördögh
26/08/1968
Mónika Savanya
18/05/1978
Attiláné Bakri
27/07/1968
Norbert Kulcsár
25/03/1974
Edina Mária Csernay
09/09/1961
Pető Zsolt
Szeged
01/02/2019
26/02/2019
7,800
80487/17
10/11/2017
Tamás Dévényi
07/03/1971
16/11/2018
18/03/2019
2,500
82941/17
05/12/2017
(3 applicants)
Household
Zsombor Sztányi
21/01/2005
Orsolya Sztányi
10/03/1978
Robert Sztányi
03/12/1974
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
05/11/2018
29/11/2018
8,000
[i] . Plus any tax that may be chargeable to the applicants.