KOVÁCS AND OTHERS v. HUNGARY
Doc ref: 17981/16;23096/16;23702/16;30763/16;35494/16;49764/16;50222/16;51165/16;67937/16;71225/16 • ECHR ID: 001-189529
Document date: December 13, 2018
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FOURTH SECTION
DECISION
Application no. 17981/16 Piroska KOVÁCS against Hungary and 9 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 13 December 2018 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 17 January 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 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]
17981/16
29/03/2016
Piroska Kovács
16/11/1954
Borsai Nelly
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
26/10/2018
25/07/2018
2,000
23096/16
22/04/2016
Éva Váradi
27/01/1945
Mihalics Krisztián
Budapest
05/11/2018
20/06/2018
8,000
23702/16
21/04/2016
Bakonyi És Tsa Bt
02/12/1996
Bakonyi Péter
Budapest
26/10/2018
15/06/2018
13,000
30763/16
24/05/2016
Ágnes Sas
23/02/1953
06/11/2018
22/06/2018
3,500
35494/16
16/06/2016
Titusz Zoltán Pálos
18/04/1958
Bors László
Budapest
26/10/2018
11/09/2018
1,500
49764/16
18/08/2016
Sándor Varga
09/03/1960
Szabó Katalin
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings –
08/11/2018
23/08/2018
4,000
50222/16
22/08/2016
Bálintné Borgyos
29/12/1944
Tuza Péter
Budapest
08/11/2018
27/09/2018
1,000
51165/16
23/08/2016
Pálma Halász
02/08/1970
Kadlót Erzsébet
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
30/10/2018
20/09/2018
6,000
67937/16
16/11/2016
Marianne Palásti
26/02/1961
12/11/2018
23/07/2018
4,000
71225/16
18/11/2016
Adél Kács
21/06/1960
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
10/11/2018
12/06/2018
6,000
[1] . Plus any tax that may be chargeable to the applicants.