BRACZKÓ AND OTHERS v. HUNGARY
Doc ref: 58597/14;70757/14;9571/15;30729/15;52733/15;52795/15;83361/17;13171/18;26213/18;34989/18 • ECHR ID: 001-193314
Document date: April 25, 2019
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FOURTH SECTION
DECISION
Application no. 58597/14 Miklós Mátyásné BRACZKÓ and Petra Zsofia BRACZKO against Hungary and 9 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 April 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 16 May 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 /
Date of 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/household
(in euros) [1]
58597/14
22/09/2014
Miklós Mátyásné Braczkó
12/10/1955
Petra Zsófia Braczkó
10/07/1989
04/03/2019
22/06/2018
10,000
70757/14
27/10/2014
Antal Horváth
19/09/1946
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
25/02/2019
17/04/2018
13,000
9571/15
19/01/2015
Violetta Eszter Fodor
09/10/1972
11/02/2019
20/09/2018
3,000
30729/15
17/06/2015
Imréné Kádár
14/10/1955
Imre KÁDÁR
10/07/1980
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
12/03/2019
03/01/2019
12,000
52733/15
05/10/2015
Péter Gyárfás
02/01/1956
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
04/03/2019
25/09/2018
5,000
52795/15
15/10/2015
Tamás László Sándor
05/05/1957
Cech András
Budapest
06/03/2019
27/04/2018
3,000
83361/17
05/12/2017
Household
LÅ‘rinc Bilau
16/08/1965
Eva Foldvari Nagy
24/09/1964
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
26/02/2019
23/10/2018
4,000
13171/18
09/03/2018
Sax Invest Kft
06/06/1995
Halmos Tamás Ferenc
Nyíregyháza
31/01/2019
26/02/2019
11,000
26213/18
31/05/2018
Péter Klement
30/11/1986
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
29/01/2019
02/10/2018
13,000
34989/18
17/07/2018
László Sáfrány
05/08/1980
Neizer Norbert
Budapest
26/02/2019
04/12/2018
2,600
[1] . Plus any tax that may be chargeable to the applicants.