FOURTH SECTION
DECISION
Application no. 42497/13
Katalin Anna BURGYÁN against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 22 March 2018 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 criminal 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 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 April 2018.
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
(in euros)[i]
42497/13
20/06/2013
Katalin Anna Burgyán
05/05/1947
Kovács Róbert Pál
Budapest
08/01/2017
14/12/2017
7,000
57067/13
04/09/2013
Géza Kothencz
03/11/1944
Jován László
Budapest
18/01/2018
15/11/2017
2,500
57982/13
18/10/2010
Gabriella Ortunc
23/07/1954
Fischer Klára
Budapest
Art. 13 - lack of any effective remedy in domestic law -
18/01/2018
15/01/2018
5,000
60038/13
13/09/2013
Lajos Szabó
26/11/1968
Art. 13 - lack of any effective remedy in domestic law -
29/01/2018
08/01/2018
7,000
72551/13
12/11/2013
István Bori
04/07/1958
Béla Albert Bartók
19/01/1951
Deák Dávid
Budapest
02/01/2018
27/11/2017
4,000
80069/13
10/12/2013
Sándor Gyula Bodrogvölgyi
01/02/1951
Borsos Tamás
Budapest
02/01/2018
08/01/2018
1,500
57260/14
07/08/2014
Zsolt Juhos
24/03/1970
Borsos Tamás
Budapest
15/02/2018
17/01/2018
3,000
63811/14
14/11/2014
Károlyné Sárai
19/09/1949
Móritz Balázs
Budapest
Art. 13 - lack of any effective remedy in domestic law -
14/02/2018
03/01/2018
13,000
44737/16
28/07/2016
Gábor Papp
19/10/1976
Arató Balázs
Budapest
Art. 13 - lack of any effective remedy in domestic law -
26/01/2018
13/12/2017
11,000
51336/17
11/07/2017
János Tóth
10/11/1976
Révész Dóra Katalin
Budapest
18/01/2018
09/01/2018
11,000
[i]. Plus any tax that may be chargeable to the applicants.
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