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HOMOLA AND OTHERS v. HUNGARY

Doc ref: 55000/14;58824/14;59023/14;59971/14;72798/14;76261/14;78061/14;78141/14;78172/14;6211/15 • ECHR ID: 001-187299

Document date: September 27, 2018

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HOMOLA AND OTHERS v. HUNGARY

Doc ref: 55000/14;58824/14;59023/14;59971/14;72798/14;76261/14;78061/14;78141/14;78172/14;6211/15 • ECHR ID: 001-187299

Document date: September 27, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 55000/14 HOMOLA against Hungary and 9 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 Article 13 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]

55000/14

31/07/2014

Household

Lászlóné Homola

30/06/1947

László Homola

26/10/1954

Somogyi Orsolya

Budapest

10/08/2018

04/04/2018

3,000

58824/14

21/08/2014

Ildikó Anett Balogh

23/01/1978

Erzsébet K ocsis

11/07/1972

24/08/2018

13/03/2018

3,000

59023/14

21/08/2014

Krisztina Nagy

22/10/1981

Kiss Dániel Bálint

Budapest

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

27/08/2018

26/02/2018

3,000

59971/14

27/08/2014

Tamás Czapp

28/06/1968

Péchy Kristóf

Budapest

27/08/2018

17/04/2018

2,600

72798/14

07/11/2014

Beáta Orbánné Szigeti

03/12/1966

Barna Ágota

Budapest

31/08/2018

15/03/2018

12,000

76261/14

02/12/2014

Ildikó Kocsisné László

19/05/1947

Erdőné Rigó Ágnes

Budapest

28/08/2018

31/05/2018

2,000

78061/14

05/12/2014

Akarat Diáksport Egyes ü let

A karat G yógysportklub K ft .

Gyene István

Budapest

16/08/2018

12/03/2018

3,000

78141/14

16/12/2014

(5 applicants)

János Tardi

20/02/1952

Katalin Tardi

12/12/1980

Household

László Seb ő k

16/11/1976

Lászlóné Sebők

08/01/1950

Nikoletta Sebők

17/11/1978

28/08/2018

25/05/2018

800

78172/14

12/12/2014

Katalin Galovics

11/05/1948

Kiss Dániel Bálint

Budapest

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

22/08/2018

08/03/2018

11,000

6211/15

22/01/2015

Ferenc Zsiga

17/04/1936

Arató Balázs

Budapest

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

31/08/2018

24/05/2018

5,000

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

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