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BERECZ AND OTHERS v. HUNGARY

Doc ref: 1195/13;36195/13;53387/13;56018/13;57769/13;66156/13 • ECHR ID: 001-178098

Document date: September 21, 2017

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BERECZ AND OTHERS v. HUNGARY

Doc ref: 1195/13;36195/13;53387/13;56018/13;57769/13;66156/13 • ECHR ID: 001-178098

Document date: September 21, 2017

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 1195/13 János Tivadar BERECZ against Hungary and 5 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 21 September 2017 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 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 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 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 October 2017 .

  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/household

(in euros) [i]

1195/13

28/12/2012

János Tivadar Berecz

19/12/1950

Pajtók Gábor

Eger

21/11/2016

03/04/2017

8,000

36195/13

28/05/2013

Ildikó Horváth

16/09/1959

Gaudi-Nagy Tamás

Budapest

21/03/2017

01/06/2017

3,000

53387/13

13/08/2013

István Kádár

27/09/1950

16/08/2017

23/06/2017

11,000

56018/13

27/08/2013

László Ottóné Vas

13/09/1941

Urbánné Csató Julianna

Budapest

25/08/2017

06/06/2017

2,500

57769/13

02/09/2013

Household

István Gulyás

20/05/1943

Marianne Gulyásné Huszák

06/06/1955

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

1 0 /08/2017

11/07/2017

2,500

66156/13

10/10/2013

(8 applicants)

Istvánné Majer

03/04/1946

Natalia Krucsay

15/05/1961

Gyul á n é M é sz á ros

11/10/1941

Katalin N é meth

12/06/1950

Ildik ó Zsindin é Koll á r

08/12/1963

Household

J ó zsef M é sz á ros

21/06/1957

L á szl ó M é sz á ros

22/11/1955

L á szl ó n é M é sz á ros

26/05/1933

Czirmes György

Budapest

10/08/2017

18/07/2017

2,500

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

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