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KLAMANCSEK AND OTHERS v. HUNGARY
Doc ref: 2264/16;2383/16;6399/16;7071/16;11258/16;23098/16;66426/16;13957/17;52718/17;66092/17 • ECHR ID: 001-188432
Document date: November 15, 2018
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KLAMANCSEK AND OTHERS v. HUNGARY
Doc ref: 2264/16;2383/16;6399/16;7071/16;11258/16;23098/16;66426/16;13957/17;52718/17;66092/17 • ECHR ID: 001-188432
Document date: November 15, 2018
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 2264/16 Krisztián László KLAMANCSEK against Hungary and 9 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 15 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 6 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
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]
2264/16
23/12/2015
Krisztián László Klamancsek
30/03/1972
Keszerice Gábor József
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
21/09/2018
25/07/2018
10,000
2383/16
21/12/2015
(3 applicants)
Household
István Schutzbach
08/08/1960
Edina Adrienn Schutzbach
07/11/1961
Márk István Schutzbach
07/08/1999
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
02/10/2018
02/10/2018
11,000
6399/16
26/01/2016
József Pocsai
26/07/1946
Zsignár Bernadette
Budapest
01/10/2018
20/06/2018
6,000
7071/16
28/01/2016
József Zányi
12/06/1957
Peszlen Zoltán
Budapest
20/07/2018
02/10/2018
7,000
11258/16
19/02/2016
Sándorné Oláh
10/10/1956
Imréné S zabó
25/03/1934
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
01/10/2018
11/05/2018
15,000
23098/16
20/04/2016
Judit Szabó
03/10/1978
Falus Zsolt Ferenc
Budapest
08/10/2018
22/06/2018
5,000
66426/16
03/11/2016
Terézia Szántó
01/02/1949
03/10/2018
27/07/2018
4,000
13957/17
13/02/2017
Sándor Barna
10/03/1983
17/09/2018
09/08/2018
2,500
52718/17
18/07/2017
Bertalanné Popovics
20/11/1959
Bay Endre
Budapest
13/09/2018
25/09/2018
6,000
66092/17
01/09/2017
Ágnes Kovács
08/04/1967
Urbánné Csató Julianna
Budapest
27/09/2018
18/07/2018
3,000
[1] . Plus any tax that may be chargeable to the applicants.
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