HIMA AND OTHERS v. HUNGARY
Doc ref: 77251/13;13592/14;73170/14;9621/15;16278/15;24987/15;24988/15;52794/15;22185/16;24334/16 • ECHR ID: 001-191443
Document date: January 31, 2019
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FOURTH SECTION
DECISION
Application no. 77251/13 Gabriella HIMA 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 /
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]
77251/13
02/12/2013
Gabriella Hima
25/09/1953
Maráth Csaba
Budapest
30/11/2018
09/07/2018
2,000
13592/14
05/02/2014
Lajos Kárpáti
06/07/1947
27/11/2018
21/02/2018
2,000
73170/14
03/11/2014
(4 applicants)
Household
Ferenc Dudás
28/05/1956
Attila Dudás
27/12/1981
Erika Dudás
05/01/1984
Ilona Dudásné Varga
01/06/1955
Barbalics István
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
10/12/2018
04/07/2018
9,000
9621/15
09/02/2015
Zsuzsa Imola Unger
18/11/1972
Kiss Dániel Bálint
Budapest
17/12/2018
14/06/2018
3,500
16278/15
27/03/2015
Nóra Hidasi -Costa
15/08/1976
Grád András Gusztáv
Budapest
30/11/2018
19/09/2018
800
24987/15
27/04/2015
József László Nagy
13/08/1953
Farkas Gabriella
Budapest
10/12/2018
20/09/2018
2,600
24988/15
29/04/2015
Közműépítő 97 Kft
26/11/1997
Váczi Péter
Győr
10/12/2018
06/08/2018
8,000
52794/15
15/10/2015
Eszter Lénárt
21/01/1954
Cech András
Budapest
26/11/2018
05/09/2018
4,000
22185/16
15/04/2016
Gizella Andu Kosztyu
13/05/1944
Urbánné Csató Julianna
Budapest
22/11/2018
21/06/2018
12,000
24334/16
25/04/2016
Household
István Mladin
09/07/1961
Ibolya Mladinné Homoki
10/02/1964
Szegedi Zsolt
Nyíregyháza
10/12/2018
03/07/2018
6,000
[1] . Plus any tax that may be chargeable to the applicants.