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TETLÁK AND OTHERS v. HUNGARY

Doc ref: 21592/16;25251/16;26935/16;28595/16;32900/16;41882/16;45308/16;47755/16;54197/16;71212/16 • ECHR ID: 001-191414

Document date: January 31, 2019

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TETLÁK AND OTHERS v. HUNGARY

Doc ref: 21592/16;25251/16;26935/16;28595/16;32900/16;41882/16;45308/16;47755/16;54197/16;71212/16 • ECHR ID: 001-191414

Document date: January 31, 2019

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 21592/16 Levente TETLÁK and Ors Gabor TETL Á K against Hungary and 9 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 31 January 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 21 February 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]

21592/16

11/04/2016

Levente Tetlák

25/03/1978

Örs Gábor Tetlák

31/08/1976

Honthegyi Gizella

Budapest

04/01/2019

24/05/2018

3,000

25251/16

27/04/2016

Benjamin Pálne Tóth

14/07/1946

Vidéki László

Szolnok

13/12/2018

02/10/2018

11,000

26935/16

10/05/2016

Tibor Turi

17/11/1961

Pivarnyikné Juhász Emőke

Budapest

29/11/2018

15/06/2018

2,500

28595/16

18/05/2016

Erika Veizer

05/08/1967

23/11/2018

22/06/2018

2,000

32900/16

25/05/2016

(8 applicants)

Szilvia Borka

22/05/1974

Istvánné Gulyás

11/02/1942

Sándor Józsefné Iván

16/07/1958

Anita Kerekes

14/02/1975

János Attiláné Szűcs

02/03/1965

Edit Tóvizi

27/09/1959

Household

Péter Koós

16/01/1977

Szilvia Koós-Hevesi

29/06/1977

Grád András Gusztáv

Budapest

07/12/2018

19/10/2018

3,000

41882/16

14/07/2016

Anikó Mező

08/03/1966

Pivarnyikné Juhász Emőke

Budapest

20/12/2018

22/06/2018

6,000

45308/16

27/07/2016

(3 applicants)

Household

Béla Kovács

26/05/1984

Béláné Kovács

28/01/1963

Rita Mária Kovács

17/06/1985

Vidéki László

Szolnok

17/12/2018

25/07/2018

4,000

47755/16

05/08/2016

(6 applicants)

Géza Sinkó

28/07/1969

Istvanne Kelemen

17/11/1963

Gizella Szénásiné Bagi

24/09/1976

Imre Szénási

27/05/1976

Sandor Csákó

12/11/1979

Monika Csákóné Baráth

29/05/1979

Kecskés Ákos Zoltán

Hódmezővásárhely

05/12/2018

25/09/2018

1,100

54197/16

02/09/2016

István Paksi

03/06/1951

Mihály Paksi

12/10/1955

Karsai Dániel András

Budapest

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

03/12/2018

24/07/2018

1,300

71212/16

18/11/2016

(3 applicants)

Hajnalka Takács

21/02/1975

Household

József Csík

21/07/1968

Piroska Oláhné Lengyel

30/10/1937

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

27/11/2018

26/06/2018

8,000

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

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