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PETHŐ AND OTHERS v. HUNGARY
Doc ref: 17365/17;21578/17;22851/17;26358/17;30787/17;74614/17;76417/17;77115/17;79234/17;79235/17 • ECHR ID: 001-191421
Document date: January 31, 2019
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PETHŐ AND OTHERS v. HUNGARY
Doc ref: 17365/17;21578/17;22851/17;26358/17;30787/17;74614/17;76417/17;77115/17;79234/17;79235/17 • ECHR ID: 001-191421
Document date: January 31, 2019
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 17365/17 Attila PETHŐ 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]
17365/17
22/02/2017
Attila Pethő
10/05/1939
Szabó Katalin
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
13/12/2018
09/10/2018
8,000
21578/17
14/03/2017
Richárd Wehner
01/07/1970
Cech András
Budapest
27/12/2018
05/09/2018
3,300
22851/17
18/03/2017
Household
Istvánné Marsl
30/01/1977
István Marsl
24/08/1974
27/12/2018
11/09/2018
9,000
26358/17
30/03/2017
Andrea Hartmann
09/10/1964
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
13/12/2018
20/06/2018
2,500
30787/17
19/04/2017
Gábor Udvari
08/02/1965
Szegedi Zsolt
Nyíregyháza
27/11/2018
06/08/2018
4,600
74614/17
13/10/2017
Ákos Almási
21/02/1959
Pivarnyikné Juhász Emőke
Budapest
27/11/2018
22/06/2018
3,300
76417/17
25/10/2017
Miklós Zoltán Tátrai
27/08/1975
Bárdos Rita
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
27/12/2018
01/10/2018
2,000
77115/17
27/10/2017
Edit Botka
16/07/1966
17/12/2018
06/09/2018
10,000
79234/17
10/11/2017
Viktor Várhegyi
25/11/1983
Pivarnyikné Juhász Emőke
Budapest
13/12/2018
06/08/2018
4,000
79235/17
10/11/2017
Tibor Turi
17/11/1961
Pivarnyikné Juhász Emőke
Budapest
13/12/2018
06/08/2018
2,500
[1] . Plus any tax that may be chargeable to the applicants.
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