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CSÁK AND OTHERS v. HUNGARY

Doc ref: 55948/12 • ECHR ID: 001-116962

Document date: January 29, 2013

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CSÁK AND OTHERS v. HUNGARY

Doc ref: 55948/12 • ECHR ID: 001-116962

Document date: January 29, 2013

Cited paragraphs only

SECOND SECTION

DECISION

Application no . 55948/12 Miklós CSÁK and others against Hungary

The European Court of Human Rights (Second Section), sitting on 29 January 2013 as a Committee composed of:

Peer Lorenzen , President, András Sajó , Nebojša Vučinić , judges, and Françoise Elens-Passos , Deputy Section Registrar ,

Having regard to the above application lodged on 21 August 2012,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants are all Hungarian nationals who live in Budapest . They were represented before the Court by Mr G. Hetényi, a lawyer practising in Budapest . A list of the applicants is set out in the appendix.

The Hungarian Government (“the Government”) were represented by Mr Z. Tallódi, Agent, Ministry of Public Administration and Justice.

The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings to which they were parties.

On 12 November and 13 December 2012 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Hungary in respect of the facts giving rise to this application against an undertaking by the Government to pay them each EUR 10,000 (ten thousand euros) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Hungarian forints at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook 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 case.

THE LAW

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 its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

             Françoise Elens-Passos Peer Lorenzen Deputy Registrar President

Appendix

List of applicants

Name

Date of birth

Miklós CSÁK

1941Réka CSIFFÁRY

1975Éva NAGY

1940Gábor POLSZTER

1975Ildikó SIMON

1953Attila SZŰCS

1967Borbála TITKOS

1946István VÖRÖS

1955

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