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NAGY AND OTHERS v. HUNGARY

Doc ref: 74200/16;78743/16;31113/17;34712/17;44153/17;598/18;17243/18;19350/18;23864/18 • ECHR ID: 001-189534

Document date: December 13, 2018

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NAGY AND OTHERS v. HUNGARY

Doc ref: 74200/16;78743/16;31113/17;34712/17;44153/17;598/18;17243/18;19350/18;23864/18 • ECHR ID: 001-189534

Document date: December 13, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 74200/16 Attila István NAGY and Csilla NAGY against Hungary and 8 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]

74200/16

01/12/2016

Attila István Nagy

06/05/1975

Csilla NAGY

14/03/1977

Sebők Dóra

Budapest

12/11/2018

13/07/2018

3,000

78743/16

14/12/2016

Andrea Szép

28/07/1975

Szabó-Nagy Péter

Budapest

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

12/11/2018

27/08/2018

6,000

31113/17

18/04/2017

Gáborné Hancsák

29/04/1962

Váczi Péter

Győr

06/11/2018

20/06/2018

6,000

34712/17

05/05/2017

Katalin Katona

29/11/1963

Varga Eszter Ivett

Nagykanizsa

05/11/2018

25/09/2018

1,500

44153/17

12/06/2017

László Jánosné Tapasztó

15/01/1965

Nagy Gergely Tamás

Budapest

10/11/2018

30/07/2018

3,500

598/18

18/12/2017

Gabriella Gyuris

28/08/1972

Tóth T Balázs

Budapest

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

08/11/2018

26/07/2018

1,000

17243/18

03/04/2018

László Kasza

03/10/1964

Nagy Gergely Tamás

Budapest

30/10/2018

18/07/2018

1,500

19350/18

13/06/2016

László Vajtai

03/09/1955

Lajosne BODOK

26/06/1925

Czirmes György

Budapest

08/11/2018

06/08/2018

9,000

23864/18

10/05/2018

Nebraska-Ház Építési Kft

02/10/1997

12/11/2018

09/08/2018

6,000

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

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