VARGA AND OTHERS v. HUNGARY
Doc ref: 25939/16;32899/16;48191/16;49761/16;8292/17;9850/17;18520/17;28171/17;42490/17;57303/17 • ECHR ID: 001-192263
Document date: March 7, 2019
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FOURTH SECTION
DECISION
Application no. 25939/16 Zoltán VARGA against Hungary and 9 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 7 March 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 28 March 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]
25939/16
02/05/2016
Zoltán Varga
03/03/1976
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
01/02/2019
15/06/2018
5,000
32899/16
25/05/2016
Violetta Eszter Fodor
09/10/1972
18/01/2019
20/09/2018
4,000
48191/16
10/08/2016
(3 applicants)
Household
Péter Iván Zala
05/08/1947
György Zala
09/04/1977
Péter Ivánné Zala
25/07/1947
28/01/2019
27/11/2018
10,000
49761/16
17/08/2016
Magic Fodrász é s Kozmetikai Szövetkezet
30/01/1994
Karsai Dániel András
Budapest
25/01/2019
20/06/2018
13,000
8292/17
18/01/2017
Beta-Q Kft
30/09/1997
Kiss Dominika Szilvia
Budapest
07/01/2019
25/07/2018
4,000
9850/17
30/12/2016
Household
Antal Gyúró
12/12/1955
Antalné Gyúró
12/12/1955
Baltay Levente
Gyál
11/01/2019
10/08/2018
3,500
18520/17
02/03/2017
István Vincze
16/02/1967
21/01/2019
29/11/2018
3,000
28171/17
02/04/2017
Edina Beke
11/02/1976
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
17/01/2019
06/11/2018
5,200
42490/17
09/06/2017
Árpád Daróczi
06/06/1953
Palotai Emma Mária
Budapest
07/01/2019
19/07/2018
4,000
57303/17
01/08/2017
Zoltán Seibert
13/12/1974
21/01/2019
19/07/2018
12,000
[1] . Plus any tax that may be chargeable to the applicants.