KINCSES AND OTHERS v. HUNGARY
Doc ref: 29499/13;76211/13;613/14;3185/14;37562/14;60761/16 • ECHR ID: 001-182397
Document date: March 22, 2018
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FOURTH SECTION
DECISION
Application no. 29499/13 Sándorné KINCSES and others against Hungary and 5 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 22 March 2018 as a Committee composed of:
Vincent A. De Gaetano, President, Georges Ravarani, Marko Bošnjak, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants 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 the application no. 60761/16, a complaint based on the same facts was also communicated under Article 13 of the Convention.
The Court received friendly-settlement declarations under which the applicants 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 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 cases 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 12 April 2018 .
Liv Tigerstedt Vincent A. De Gaetano 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 name
Date of birth /
Date of registration
Representative name and location
Other complaints under well-established case-law
Date of receipt of Government declaration
Date of receipt of the applicant ’ s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant/household
(in euros) [i]
29499/13
24/04/2013
(30 applicants)
Sándorné Kincses
29/03/1956
Sandorne Balogh
07/07/1950
Zoltanne Egerszegi
13/09/1958
Janosne Farkas
05/09/1955
Szilard Fekete
04/10/1967
Jozsef Balazs Ferenczi
08/06/1954
Lajosne Földeak
11/06/1955
Lajos Gadoczi
16/09/1956
Katalin Grama
22/04/1962
Lajos Gyenes
12/06/1953
Imre Horvath
16/07/1967
Sandor Jozsefne Jaszter
20/07/1961
Bela Jesztrebi
31/03/1956
Barnabasne Kabdebon
03/03/1958
Istvan Kakuk
26/05/1955
Agnes Karlovits
03/07/1953
Gezane Katona
07/09/1953
Ilona Kovacs
16/01/1956
Janos Liptak
21/02/1949
Ilona Nagyne Kovacs
10/05/1954
Bela Jenöne Ombódi
23/12/1950
Vinh Pham Quang
27/02/1959
Eva Solteszne Raduly
31/10/1953
Bertalan Szabo
04/05/1951
Miklos Szabo
17/07/1954
Katalin Szatmarine Szuetta
15/06/1953
Piroska Maria Viszoki
11/05/1967
Zoltan Zsiros
17/05/1960
Household
Lorant Levai
31/12/1953
Lorantne Levai
17/09/1960
Kincses Sándorné
Sajóbábony
18/09/2017
22/01/2018
3,800
76211/13
29/11/2013
Rita Kovács
08/12/1961
Hrabéczy Miklós
Monor
14/02/2018
06/12/2017
5,000
613/14
20/12/2013
Bernadett Kádár
05/08/1979
Grád András Gusztáv
Budapest
14/02/2018
13/12/2017
4,600
3185/14
19/12/2013
Katalin Juhász
05/09/1956
Urbánné Csató Julianna
Budapest
09/02/2018
06/12/2017
8,000
37562/14
12/05/2014
Éva Gulyás
03/02/1958
Karsai Dániel András
Budapest
09/01/2018
27/11/2017
4,000
60761/16
11/10/2016
Antalné Tihanyi
23/12/1952
Boros Péter
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessiv e length of civil proceedings
09/02/2018
13/02/2018
7,000
[i] . Plus any tax that may be chargeable to the applicants.