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BRISENO-VARGA AND OTHERS v. HUNGARY

Doc ref: 1258/13;48514/13;50999/13;59371/13;65705/13;66713/13;74714/13 • ECHR ID: 001-186872

Document date: September 13, 2018

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BRISENO-VARGA AND OTHERS v. HUNGARY

Doc ref: 1258/13;48514/13;50999/13;59371/13;65705/13;66713/13;74714/13 • ECHR ID: 001-186872

Document date: September 13, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 1258/13 Ágnes BRISENO-VARGA and others against Hungary and 6 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

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]

1258/13

06/12/2012

(3 applicants)

Household

Ágnes Briseno-Varga

15/07/1970

Emma Kiss

21/01/1942

Gábor Varga

10/08/1971

Varga Gábor

Budapest

31/05/2018

22/06/2018

13,000

48514/13

19/07/2013

(4 applicants)

József Végh

09/03/1967

Zsolt B revák

23/06/1967

Ferenc M olnár

02/12/1950

Réka Á dámosi

01/12/1990

Barbalics István

Budapest

31/05/2018

11/04/2018

9,100

50999/13

02/08/2013

Ferenc Puskás

01/01/1945

Grád András Gusztáv

Budapest

24/05/2018

09/02/2018

2,000

59371/13

13/09/2013

László Németh

17/03/1954

Hrabéczy Miklós

Monor

12/06/2018

07/02/2018

7,000

65705/13

14/10/2013

(4 applicants)

Household

János Győri

20/10/1955

Gergely Gy Å‘ ri

29/12/1979

Jánosné Győri

16/10/1956

Levente Győri

23/02/1981

Kiss Dániel Bálint

Budapest

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

08/06/2018

05/02/2017

7,000

66713/13

16/10/2013

László Gáborné Molnár

31/08/1945

Váczi Péter

Győr

23/05/2018

02/02/2018

7,000

74714/13

18/11/2013

Dániel Horesnyi

11/05/1976

Mester Csaba

Budapest

31/05/2018

04/06/2018

2,500

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

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