HUNYADI AND OTHERS v. HUNGARY
Doc ref: 37/17;82387/17;12509/18;13167/18;34280/18;35012/18;35027/18;36558/18;39316/18;47729/18 • ECHR ID: 001-193180
Document date: April 4, 2019
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FOURTH SECTION
DECISION
Application no. 37/17 László HUNYADI against Hungary and 9 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 4 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 9 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
(in euros) [1]
37/17
05/12/2016
László Hunyadi
02/11/1970
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
01/03/2019
31/08/2018
2,500
82387/17
04/12/2017
Kinga Ravasz
18/04/1959
Előd Harsányi
Budapest
05/02/2019
11/09/2018
11,000
12509/18
05/03/2018
Kálmán József Pintér
03/04/1954
05/02/2019
14/01/2019
3,500
13167/18
09/03/2018
Smart Food Inno Kft
25/03/1994
Tamás Ferenc Halmos
Nyíregyháza
31/01/2019
26/02/2019
11,000
34280/18
11/07/2018
Sándorné Tölgyes
01/10/1931
György Czirmes
Budapest
04/02/2019
03/12/2018
9,000
35012/18
19/07/2018
András Máger
10/08/1976
Dániel András Karsai
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
26/02/2019
03/01/2019
5,000
35027/18
19/07/2018
Zsolt Máger
02/11/1974
Dániel András Karsai
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
36558/18
24/07/2018
Péter Pálné Bánfi
03/07/1956
Zsolt Pető
Szeged
15/02/2019
07/12/2018
10,000
39316/18
10/08/2018
László Hoffmann
10/03/1951
Dániel András Karsai
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
26/02/2019
20/11/2018
5,000
47729/18
03/10/2018
Edit Hangyál
24/07/1960
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
26/02/2019
09/01/2019
3,000
[1] . Plus any tax that may be chargeable to the applicants.