LENDVAY AND OTHERS v. HUNGARY
Doc ref: 80004/13;453/14;29260/14;60461/14;406/15;21845/15;25142/15;34373/15;36921/15;37005/15 • ECHR ID: 001-188917
Document date: November 29, 2018
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- Outbound citations: 1
FOURTH SECTION
DECISION
Application no. 80004/13 András LENDVAY against Hungary and 9 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 29 November 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 20 December 2018 .
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]
80004/13
03/12/2013
András Lendvay
24/07/1960
Magyar György
Budapest
03/04/2018
15/10/2018
1,500
453/14
11/12/2013
Household
Olivér István Bánhegyi
03/11/1948
Erika Bánhegyiné Bihari
26/01/1962
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
10/10/2018
03/04/2018
4,000
29260/14
01/04/2014
László Molnár
13/09/1969
Váczi Péter
Győr
10/10/2018
27/03/2018
4,600
60461/14
29/08/2014
Imre Farkas
19/05/1962
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings –
16/10/2018
12/06/2018
5,000
406/15
18/12/2014
Hidrovill Kft
01/08 / 1997
Magyar György
Budapest
10/10/2018
11/10/2018
13,000
21845/15
08/04/2015
Kontroll Kft
01/01/1994
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings –
15/10/2018
26/06/2018
4,000
25142/15
18/05/2015
Andrea Makai-Szundi
25/04/1978
Mester Csaba
Budapest
15/10/2018
26/06/2018
10,000
34373/15
08/07/2015
Anna Mária Bősz
22/10/1958
Pivarnyikné Juhász Emőke
Budapest
18/10/2018
15/06/2018
2,000
36921/15
21/07/2015
Imre István Lehoczky
15/12/1952
Jancsovics Anita
Gyöngyös
18/10/2018
15/06/2018
2,500
37005/15
21/07/2015
József István Kilmayer
26/12/1964
Czudar Sándor
Balassagyarmat
08/10/2018
09/08/2018
2,000
[1] . Plus any tax that may be chargeable to the applicants.