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HIDEG AND OTHERS v. HUNGARY

Doc ref: 33328/18;35007/18;35008/18;35009/18;37894/18;39312/18;39411/18;40053/18;49088/18;49365/18;52379/18 • ECHR ID: 001-193318

Document date: April 25, 2019

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HIDEG AND OTHERS v. HUNGARY

Doc ref: 33328/18;35007/18;35008/18;35009/18;37894/18;39312/18;39411/18;40053/18;49088/18;49365/18;52379/18 • ECHR ID: 001-193318

Document date: April 25, 2019

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 33328/18 János Ernő HIDEG against Hungary and 10 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 other provisions 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

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]

33328/18

10/07/2018

János Ernő Hideg

21/06/1967

Szalay Tamás

Budapest

08/03/2019

03/01/2019

2,500

35007/18

19/07/2018

József Bernvallner

01/09/1962

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

18/12/2018

5,000

35008/18

19/07/2018

Richárd Tibor Gémesi

02/08/1976

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

04/02/2019

5,000

35009/18

19/07/2018

Géza László György

16/06/1956

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

18/12/2018

5,000

37894/18

03/08/2018

Judit Barabásné Papp

06/09/1953

Nagy Gergely Tamás

Budapest

14/02/2019

10/01/2019

1,000

39312/18

09/08/2018

Attila Bugyi

30/04/1979

Nagy Gergely Tamás

Budapest

11/02/2019

10/01/2019

2,000

39411/18

06/08/2018

György József Hegedűs

28/11/1945

07/03/2019

03/01/2019

9,100

40053/18

16/08/2018

János Kiss

02/02/1964

Anda Péter

Budapest

11/03/2019

18/01/2019

2,600

49088/18

10/10/2018

Ildikó Katalin Hanniker

20/05/1968

Karsai Dániel András

Budapest

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

14/02/2019

25/02/2019

2,500

49365/18

12/10/2018

Edit Hedvig Kovács

24/12/1962

Helga TIMAROCZKI

27/10/1994

Cech András

Budapest

14/03/2019

12/03/2019

3,000

52379/18

25/10/2018

László Birta

28/01/1965

Váczi Péter

Győr

04/03/2019

14/01/2019

9,000

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

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