PETŐ AND OTHERS v. HUNGARY
Doc ref: 31471/13;39209/13;42474/13;43185/13;45126/13;54822/13 • ECHR ID: 001-175562
Document date: June 15, 2017
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FOURTH SECTION
DECISION
Application no. 31471/13 Zsolt PETŐ against Hungary and 5 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 15 June 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 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 6 July 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]
31471/13
06/05/2013
Zsolt Pető
19/03/1980
Litresits András
Budapest
15/05/2017
11/05/2017
2,000
39209/13
03/06/2013
ZODA-INKER Kft
Ernszt János
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
18/04/2017
15/05/2017
5,000
42474/13
13/06/2013
Erzsébet Derflinger
21/07/1956
Grád András Gusztáv
Budapest
05/05/2017
13/02/2017
6,000
43185/13
28/06/2013
Gyula Szekér
26/05/1960
05/05/2017
01/03/2017
2,000
45126/13
10/07/2013
Krisztina Kluge- Kövesi
28/05/1969
Anda Péter
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings –
15/05/2017
07/03/2017
6,500
54822/13
21/08/2013
Éva Heródek
02/03/1954
Czugler Péter
Budapest
15/05/2017
15/02/2017
7,000
[i] . Plus any tax that may be chargeable to the applicants.