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ERDEI AND OTHERS v. HUNGARY

Doc ref: 44364/16;628/17;31103/17;31267/17;31268/17;31269/17;34652/17;34696/17;55776/17;68972/17 • ECHR ID: 001-189003

Document date: November 29, 2018

  • Inbound citations: 21
  • Cited paragraphs: 2
  • Outbound citations: 1

ERDEI AND OTHERS v. HUNGARY

Doc ref: 44364/16;628/17;31103/17;31267/17;31268/17;31269/17;34652/17;34696/17;55776/17;68972/17 • ECHR ID: 001-189003

Document date: November 29, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 44364/16 Zoltán ERDEI 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 criminal 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 criminal 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

(in euros) [1]

44364/16

22/07/2016

Zoltán Erdei

13/03/1954

Karsai Dániel András

Budapest

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

24/09/2018

13/07/2018

6,000

628/17

23/12/2016

Zoltán Gábor Németh

30/07/1975

Galló-Győri Ildikó

Budapest

17/10/2018

16/10/2018

4,000

31103/17

20/04/2017

Ferenc Várbíró

26/08/1978

11/10/2018

30/05/2018

3,000

31267/17

20/04/2017

Tamás Jagyugya

28/11/1975

11/10/2018

05/06/2018

3,000

31268/17

20/04/2017

Tibor Molnár

12/02/1972

11/10/2018

12/06/2018

3,000

31269/17

20/04/2017

Tamás Gálig

09/05/1979

11/10/2018

30/05/2018

3,000

34652/17

03/05/2017

Klaudia Krant

02/05/1975

Cseterics Krisztián

Budapest

10/10/2018

24/04/2018

8,000

34696/17

03/05/2017

Mark Krant

14/07/1970

Cseterics Krisztián

Budapest

10/10/2018

24/04/2018

12,000

55776/17

25/07/2017

Tamás Forró

17/04/1949

Furulyás Ibolya

Budapest

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

13/09/2018

06/08/2018

7,000

68972/17

14/09/2017

Gabriella Mészáros

24/08/1975

Juhász M Gábor

Budapest

10/10/2018

27/04/2018

3,500

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

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