MARLENNÉ TÓTH AND OTHERS v. HUNGARY
Doc ref: 25948/16;27537/16;29837/16;33831/16;33837/16;38334/16;49796/16;11801/17;35520/17;43798/17 • ECHR ID: 001-191415
Document date: January 31, 2019
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FOURTH SECTION
DECISION
Application no. 25948/16 Julianna MARLENNÉ TÓTH 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
(in euros) [1]
25948/16
29/04/2016
Julianna Marlenné Tóth
09/03/1953
Karsai Dániel András
Budapest
07/12/2018
17/04/2018
3,500
27537/16
13/05/2016
Mária Tóth
01/01/1954
Nagy Gergely Tamás
Budapest
07/12/2018
18/07/2018
2,000
29837/16
13/05/2016
Ildikó Illés
09/04/1959
Pataki Norbert András
Budapest
30/11/2018
20/06/2018
3,000
33831/16
07/06/2016
Mária Lőrincz
19/04/1961
05/11/2018
27/06/2018
11,000
33837/16
07/06/2016
Éva Kókainé Garbár
26/03/1970
Kővári Béla
Budapest
03/12/2018
28/06/2018
4,000
38334/16
16/06/2016
Lászlóné Rismayer
24/10/1966
Nagy Gergely Tamás
Budapest
10/12/2018
18/07/2018
2,000
49796/16
17/08/2016
(7 applicants)
Boldizsár Roczkov
12/07/1973
Sándor Tóth
01/05/1971
István Cseh
24/10/1968
József Molnár
12/05/1968
Gyula Rajmon
29/07/1969
Gábor Rivasz
15/03/1969
Béla Papp
24/04/1975
Maráth Csaba
Budapest
17/12/2018
28/09/2018
2,000
11801/17
01/02/2017
Józsefné Heinczel
14/09/1939
Mester Csaba
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
21/11/2018
31/10/2018
2,000
35520/17
09/05/2017
Zsolt Szigetlaki
19/05/1974
Zsolt Béla Vaszari
21/01/1973
Cech András
Budapest
10/12/2018
05/09/2018
2,000
43798/17
12/06/2017
György Antalné Sós
25/06/1954
Nagy Gergely Tamás
Budapest
17/12/2018
30/07/2018
6,000
[1] . Plus any tax that may be chargeable to the applicants.