BERKI AND OTHERS v. HUNGARY
Doc ref: 44066/20;46745/20;54362/20;10212/21;10338/21;10348/21;11595/21;11637/21;11643/21;14522/21 • ECHR ID: 001-214059
Document date: November 10, 2021
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 0
FIRST SECTION
DECISION
Application no. 44066/20 Attila BERKI and others
against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 10 November 2021 as a Committee composed of:
Erik Wennerström, President, Lorraine Schembri Orland, Ioannis Ktistakis, 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 2 December 2021.
{signature_p_2}
Attila Teplán Erik Wennerström 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]
44066/20
11/09/2020
(7 applicants)
Attila BERKI
1986Zsigmond SIVÁK
1987Zsolt BERKI
1990Martina HEVESI
1986Nikoletta LAKATOS
1990István SZŐRÖS
1991Gyuláné HEVESI
1986Jovanovic Dorde
Budapest
11/10/2021
19/07/2021
7,800
46745/20
25/09/2020
Beatrix GYUTAI
1974Hegedűs Péter
Hódmezővásárhely
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
02/08/2021
03/09/2021
9,100
54362/20
30/11/2020
Gábor Pál SOMOGYI
1980Tamás Ildikó
Nyíregyháza
16/09/2021
06/04/2021
3,300
10212/21
20/01/2021
Attila Árpád ÁCS
1972Harsányi Előd
Budapest
29/09/2021
06/08/2021
4,600
10338/21
28/01/2021
Katalin CZINGULA
1970
12/10/2021
19/08/2021
3,900
10348/21
29/01/2021
Sándor ARANYOS
1979Ildikó BERI
1978Hantos Ádám
Budapest
14/10/2021
24/06/2021
5,200
11595/21
18/02/2021
Ágnes Éva MARÓTINÉ OLÁH
1955Kmetty Ildikó
Vác
16/09/2021
24/08/2021
10,400
11637/21
15/02/2021
Csabáné KATRENÁK
1968Mazur Mária
Monor
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
16/09/2021
23/08/2021
6,500
11643/21
15/02/2021
Éva Andrea JAMNITZKY
1973Vauver Krisztina Éva
Budapest
12/10/2021
18/08/2021
5,200
14522/21
04/03/2021
Attila Csaba NAGY
1964Tóth T Balázs
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
16/09/2021
14/06/2021
2,600
[1] Plus any tax that may be chargeable to the applicants.