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BURGYÁN AND OTHERS v. HUNGARY

Doc ref: 42497/13;57067/13;57982/13;60038/13;72551/13;80069/13;57260/14;63811/14;44737/16;51336/17 • ECHR ID: 001-182460

Document date: March 22, 2018

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BURGYÁN AND OTHERS v. HUNGARY

Doc ref: 42497/13;57067/13;57982/13;60038/13;72551/13;80069/13;57260/14;63811/14;44737/16;51336/17 • ECHR ID: 001-182460

Document date: March 22, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 42497/13 Katalin Anna BURGYÁN against Hungary and 9 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 criminal 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 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

No.

Application no. Date of introduction

Applicant name

Date of birth

Representative name and location

Other complaints under well-established case-law

Date of receipt of Government declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [i]

42497/13

20/06/2013

Katalin Anna Burgyán

05/05/1947

Kovács Róbert Pál

Budapest

08/01/2017

14/12/2017

7,000

57067/13

04/09/2013

Géza Kothencz

03/11/1944

Jován László

Budapest

18/01/2018

15/11/2017

2,500

57982/13

18/10/2010

Gabriella Ortunc

23/07/1954

Fischer Klára

Budapest

Art. 13 - lack of any effective remedy in domestic law -

18/01/2018

15/01/2018

5,000

60038/13

13/09/2013

Lajos Szabó

26/11/1968

Art. 13 - lack of any effective remedy in domestic law -

29/01/2018

08/01/2018

7,000

72551/13

12/11/2013

István Bori

04/07/1958

Béla Albert Bartók

19/01/1951

Deák Dávid

Budapest

02/01/2018

27/11/2017

4,000

80069/13

10/12/2013

Sándor Gyula Bodrogvölgyi

01/02/1951

Borsos Tamás

Budapest

02/01/2018

08/01/2018

1,500

57260/14

07/08/2014

Zsolt Juhos

24/03/1970

Borsos Tamás

Budapest

15/02/2018

17/01/2018

3,000

63811/14

14/11/2014

Károlyné Sárai

19/09/1949

Móritz Balázs

Budapest

Art. 13 - lack of any effective remedy in domestic law -

14/02/2018

03/01/2018

13,000

44737/16

28/07/2016

Gábor Papp

19/10/1976

Arató Balázs

Budapest

Art. 13 - lack of any effective remedy in domestic law -

26/01/2018

13/12/2017

11,000

51336/17

11/07/2017

János Tóth

10/11/1976

Révész Dóra Katalin

Budapest

18/01/2018

09/01/2018

11,000

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

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