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SZOMOLYA AND OTHERS v. HUNGARY

Doc ref: 6244/15;9935/15;14150/15;14155/15;14457/15;20495/15;40722/15;14313/16 • ECHR ID: 001-187220

Document date: September 27, 2018

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SZOMOLYA AND OTHERS v. HUNGARY

Doc ref: 6244/15;9935/15;14150/15;14155/15;14457/15;20495/15;40722/15;14313/16 • ECHR ID: 001-187220

Document date: September 27, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 6244/15 Mária SZOMOLYA against Hungary and 7 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 27 September 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 18 October 2018 .

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

APPENDIX

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]

6244/15

11/02/2015

Mária Szomolya

29/12/1946

27/08/2018

14/03/2018

10,000

9935/15

11/02/2015

Zoltán Mészáros

06/09/1980

Sárdi Márton

Budapest

27/08/2018

26/03/2018

2,500

14150/15

16/03/2015

Miklós Ináncsy

28/04/1950

Grád András Gusztáv

Budapest

21/08/2018

11/05/2018

12,000

14155/15

16/03/2015

Gábor Vilmos Kováts

05/03/1948

Karsai Dániel András

Budapest

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

04/09/2018

04/04/2018

5,000

14457/15

17/03/2015

Ildikó Balázs

15/08/1959

Tóth István

Budapest

23/08/2018

26/02/2018

7,000

20495/15

15/04/2015

István Várhegyi

15/04/1954

Kiss Dániel Bálint

Budapest

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

24/08/2018

12/06/2018

7,000

40722/15

10/08/2015

(4 applicants)

Household

János Bognár

19/07/1943

Krisztina Zsuzsanna Bognár

16/05/1983

Péter János Bognár

25/04/1981

Zsuzsanna Bognárné Kovács

25/03/1961

Kmetty Ildikó

Vác

22/08/2018

15/06/2018

12,000

14313/16

08/03/2016

Erzsébet Giricz

05/01/1953

Váczi Péter

Győr

31/08/2018

13/07/2018

5,000

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

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