FRANKEL LEÓ U. 84 TÁRSASHÁZ AND OTHERS v. HUNGARY
Doc ref: 78155/14;1294/15;4070/15;5025/15;43954/15;49217/15 • ECHR ID: 001-186895
Document date: September 13, 2018
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FOURTH SECTION
DECISION
Application no. 78155/14 FRANKEL LEÓ U. 84 TÁRSASHÁZ against Hungary and 5 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 13 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 4 October 2018 .
Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President
APPENDIX
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]
78155/14
12/12/2014
Frankel Leó u. 84 Társasház
06/01/1965
Balla Róbert
Budapest
25/06/2018
14/06/2018
2,600
1294/15
18/12/2014
Turgyán és Társa Kft
31/01/2003
Stefán Éva
Nyírbátor
27/06/2018
08/03/2018
4,000
4070/15
07/01/2015
Sport-Ért Kft
01/03/1990
Fischer Klára
Budapest
29/05/2018
15/05/2018
11,000
5025/15
14/01/2015
Zsuzsanna Bokor
18/12/1958
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
12/06/2018
11/05/2018
2,000
43954/15
24/08/2015
(4 applicants)
Household
Imréné Patkó
03/02/1973
Dóra Patkó
13/01/1993
Fruzsina Patkó
18/12/1999
Imre Patkó
05/07/1967
04/07/2018
20/06/2018
2,000
49217/15
30/09/2015
Miklósné Mauchner
31/07/1931
Tóth István
Budapest
28/05/2018
02/02/2018
2,500
[1] . Plus any tax that may be chargeable to the applicants.