FEKETE AND OTHERS v. HUNGARY
Doc ref: 30208/11;36013/11;70839/11;71123/11;73478/11;6264/12;10029/12;23096/12 • ECHR ID: 001-166981
Document date: September 1, 2016
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FOURTH SECTION
DECISION
Application no. 30208/11 József FEKETE and J ó zsefn é FEKETE against Hungary and 7 other applications (see list appended)
The European Court of Human Rights (Fourth Section), sitting on 1 September 2016 as a Committee composed of:
Vincent A. De Gaetano, President, Egidijus Kūris, Gabriele Kucsko-Stadlmayer, judges, and Hasan Bakırcı, 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”) .
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 22 September 2016 .
Hasan Bakırcı Vincent A. D e Gaetano Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant name
Date of birth
Representative name and location
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]
30208/11
09/05/2011
József FEKETE
11/09/1937
Józsefné FEKETE
21/12/1944
10/05/2016
08/03/2016
4,000
36013/11
08/06/2011
Melinda SZABÓ
15/10/1974
Cech András
Budapest
20/05/2016
26/02/2016
5,000
70839/11
10/11/2011
VAS ÉS FIAI KFT
Grád András Gusztáv
Budapest
10/05/2016
08/03/2016
2,000
71123/11
13/11/2011
Kornél Géza SZALAY
02/10/1977
Tünde KISS
03/07/1959
10/03/2016
18/05/2016
2,500
73478/11
22/11/2011
János TÖMPE
10/03/1956
Jánosné TÖMPE
02/04/1932
31/05/2016
11/03/2016
5,000
6264/12
25/01/2012
Gabriel Cosmin IVÁN
23/04/1968
Szlávnits László
Budapest
30/05/2016
07/06/2016
2,000
10029/12
06/02/2012
(4 applicants)
Ottó TEMESVÁRI
09/12/1934
Ottóné TEMESVÁRI
23/10/1941
Anita TEMESVÁRI
29/10/1982
Andrea TEMESVÁRI
26/04/1966
Visontai Csongor
Budapest
10/05/2016
04/03/2016
13,000
23096/12
05/04/2012
Tatjana LENGYEL
26/09/1954
19/05/2016
08/03/2016
3,000
[i] Plus any tax that may be chargeable to the applicants.
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