SECOND SECTION
DECISION
Application no. 11044/11
A.C. and OTHERS
against Hungary
The European Court of Human Rights (Second Section), sitting on 2 September 2014 as a Committee composed of:
Helen Keller, President,
András Sajó,
Robert Spano, judges,
and Abel Campos, Deputy Section Registrar.
Having regard to the above application lodged on 9 February 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
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 Articles 7, 14 and 17 of the Convention and Article 1 of Protocol No. 1 about the imposition of a special tax at a rate of 98 % on part of their severance pay.
On 1 April and 26 May 2014 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 Ms A.C. EUR 19,600 (nineteen thousand six hundred euros), Mr F.G. EUR 20,400 (twenty thousand four hundred euros), Ms K.M. EUR 20,300 (twenty thousand three hundred euros), Mr J.K. EUR 23,300 (twenty-three thousand three hundred euros) and Mr P.S. EUR 51,900 (fifty-one thousand nine hundred 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 amounts 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.
Abel CamposHelen Keller
Deputy RegistrarPresident
Appendix
List of Applicants
Ms A.C. is a Hungarian national who was born in 1952, lives in Budapest and is represented by É. Boruzs. Mr F.G. is a Hungarian national who was born in 1972, lives in Budapest and is represented by É. Boruzs. Ms K.M. is a Hungarian national who was born in 1959, lives in Budapest and is represented by É. Boruzs. Mr J.K. is a Hungarian national who was born in 1953, lives in Pécs and is represented by É. Boruzs. Mr P.S. is a Hungarian national who was born in 1943, lives in Budapest and is represented by É. Boruzs.
Full & Egal Universal Law Academy