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KOVÁCS AND OTHERS v. HUNGARY

Doc ref: 50782/15;51050/15;11633/16;14233/16;21138/18;25303/18;25908/18;27501/18;37164/18;39644/18 • ECHR ID: 001-193830

Document date: May 16, 2019

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KOVÁCS AND OTHERS v. HUNGARY

Doc ref: 50782/15;51050/15;11633/16;14233/16;21138/18;25303/18;25908/18;27501/18;37164/18;39644/18 • ECHR ID: 001-193830

Document date: May 16, 2019

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 50782/15 Ilona KOVÁCS against Hungary and 9 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 16 May 2019 as a Committee composed of:

Georges Ravarani , President, Marko Bošnjak , Péter Paczolay , 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 formal declaration s accepting a friendly settlement of the cases,

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.

The Court received friendly-settlement declarations 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 6 June 2019 .

Liv Tigerstedt Georges Ravarani 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 declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant/household

(in euros) [1]

50782/15

07/10/2015

Ilona Kovács

18/07/1960

01/04/2019

11/09/2018

13,000

51050/15

05/10/2015

(8 applicants)

Zoltán János Mikula

28/01/1972

János Mikula

31/07/1943

Miklós Árpád Balás

06/06/1953

Vilma Ágnes Balás

22/09/1957

Bence Erdős

15/08/1981

Botond István Erdős

06/09/1985

Csanád Gergely Erdős

22/06/1988

Csenge Erdős

26/11/1983

Palásti Marianne

Budapest

18/03/2019

11/03/2019

3,000

11633/16

24/02/2016

Household

Zoltán Somogyi

14/04/1939

Adrienne Mária Somogyiné Pikó

05/01/1939

Karsai Dániel András

Budapest

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

05/04/2019

11/04/2018

10,000

14233/16

09/03/2016

Ilona Kovács

18/07/1960

01/04/2019

20/06/2018

13,000

21138/18

26/04/2018

Zsuzsanna Mária Nagy

16/03/1960

Szabó Katalin

Székesfehérvár

04/04/2019

06/03/2019

4,200

25303/18

24/05/2018

(2 applicants)

A.B.

31/08/1981

A.B.

31/08/1981

Kiss Dániel Bálint

Budapest

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

06/03/2019

02/10/2018

2,000

25908/18

25/05/2018

Household

Gyula Illés

13/10/1954

Erika Zsuzsanna Illés

09/06/1955

Litresits András

Budapest

19/03/2019

19/03/2019

1,500

27501/18

07/06/2018

(9 applicants)

Gyöngyi Balogh

25/10/1966

Tímea Török

06/01/1975

Istvánné Juhász

13/03/1969

Mónika Mária Kocsis

24/09/1975

Sándor Dunai

23/11/1978

Gabriella Kovács

02/12/1971

Annamária Mikula

25/04/1976

Henriett Varga

29/07/1975

Gábor Iglói

03/04/1979

Pető Zsolt

Szeged

12/03/2019

28/11/2018

8,200

37164/18

30/07/2018

Zoltán István Bóna

04/10/1944

Nagy Gergely Tamás

Budapest

12/03/2019

10/01/2019

2,500

39644/18

04/08/2018

László Tukacs

24/05/1953

Soós Andrea Klára

Budapest

01/04/2019

04/01/2019

2,000

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

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