FÁBI AND OTHERS v. HUNGARY
Doc ref: 15589/21;17927/21;21372/21;24352/21;33803/21;36758/21;37435/21;43298/21;44713/21;46198/21 • ECHR ID: 001-216753
Document date: March 10, 2022
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FIRST SECTION
DECISION
Application no. 15589/21 Kornél FÁBI against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 10 March 2022 as a Committee composed of:
Alena Poláčková, President, Raffaele Sabato, Davor Derenčinović, judges, and Attila Teplán, 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 the 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 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 31 March 2022.
Attila Teplán Alena Poláčková Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under well ‑ established case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros) [1]
15589/21
08/03/2021
Kornél FÁBI
1984Kiss D. Csaba
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
03/01/2022
13/12/2021
10,900
17927/21
29/03/2021
Sándor Ferenc SZABÓ
1974
04/01/2022
06/12/2021
2,600
21372/21
06/04/2021
Tamás MARISCHLER
1986
23/12/2021
03/01/2022
2,600
24352/21
27/04/2021
Zsolt ORSZÁG
1976Szabolcs László ORSZÁG
1974Zsobrák Norbert Lajos
Budapest
04/02/2022
20/09/2021
2,600
33803/21
29/06/2021
Gábor PAPP
1974Gerencsér Éva
Budapest
21/12/2021
21/01/2022
2,000
36758/21
12/07/2021
István LENGYEL
1966
03/01/2022
19/10/2021
2,600
37435/21
15/07/2021
Mónika Mária RÉDER
1966Kadlót Erzsébet
Budapest
07/02/2022
03/01/2022
5,200
43298/21
12/08/2021
Béláné LENDVAY
1938Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
12/01/2022
18/11/2021
12,700
44713/21
10/08/2021
Tamás Péter MARKÓ
1964Grád András
Budapest
03/01/2022
22/11/2021
5,100
46198/21
06/09/2021
Gyula HATALYÁK
1972Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
12/01/2022
08/12/2021
2,000
[1] Plus any tax that may be chargeable to the applicants.