FOURTH SECTION
DECISION
Application no. 1195/13
János Tivadar BERECZ against Hungary
and 5 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 September 2017 as a Committee composed of:
Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, judges,
and Liv Tigerstedt, 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 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 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 12 October 2017.
Liv TigerstedtVincent A. De Gaetano
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Other complaints under well-established case-law
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]
1195/13
28/12/2012
János Tivadar Berecz
19/12/1950
Pajtók Gábor
Eger
21/11/2016
03/04/2017
8,000
36195/13
28/05/2013
Ildikó Horváth
16/09/1959
Gaudi-Nagy Tamás
Budapest
21/03/2017
01/06/2017
3,000
53387/13
13/08/2013
István Kádár
27/09/1950
16/08/2017
23/06/2017
11,000
56018/13
27/08/2013
László Ottóné Vas
13/09/1941
Urbánné Csató Julianna
Budapest
25/08/2017
06/06/2017
2,500
57769/13
02/09/2013
Household
István Gulyás
20/05/1943
Marianne Gulyásné Huszák
06/06/1955
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
10/08/2017
11/07/2017
2,500
66156/13
10/10/2013
(8 applicants)
Istvánné Majer
03/04/1946
Natalia Krucsay
15/05/1961
Gyuláné Mészáros
11/10/1941
Katalin Németh
12/06/1950
Ildikó Zsindiné Kollár
08/12/1963
Household
József Mészáros
21/06/1957
László Mészáros
22/11/1955
Lászlóné Mészáros
26/05/1933
Czirmes György
Budapest
10/08/2017
18/07/2017
2,500
[i]1. Plus any tax that may be chargeable to the applicants.
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