FOURTH SECTION
DECISION
Application no. 9841/16
Rita Ibolya DÉVAI and Rita BERKI against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 31 January 2019 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, 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”).
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 21 February 2019.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident
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
Date of birth /
Date of registration
Representative’s name and location
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/household
(in euros)[1]
9841/16
18/12/2015
Household
Rita Ibolya Dévai
29/11/1969
Rita Berki
22/08/1987
Molnár László Sándor
Budapest
13/12/2018
11/04/2018
3,000
10105/16
16/02/2016
Zoltánné Galambos
01/12/1951
Váczi Péter
Győr
06/12/2018
24/04/2018
3,000
17548/16
30/03/2016
István Lafferton
20/07/1950
13/12/2018
26/04/2018
6,000
46199/16
05/08/2016
(26 applicants)
József Koncz
14/01/1963
Jeno Buzder
13/10/1958
Illesne Horvath
17/01/1954
Istvanne Horvath
16/09/1955
Mihalyne Onodi
08/07/1938
Karoly Rozman
23/05/1958
Janos Tarjanyi
30/12/1953
Household
Istvan Nyilas
29/01/1959
Istvanne Nyilas
17/07/1966
Household
Zoltanne Pozsar
12/05/1964
Karolyne Rozman
14/04/1940
Household
Antalne Farkas
04/09/1952
Istvan Hekkel
30/12/1966
Household
Jozsef Szatmari
24/11/1955
Jozsefne Szatmari
29/09/1955
Household
Jozsef Gurbo
06/08/1952
Mihalyne Gurbo
31/01/1927
Zsolt Gurbo
19/03/1985
Household
Jozsef Balanyi
07/11/1952
Sandor Balanyi
27/09/1951
Janosne Hlavacs
19/02/1948
Laszlone Lantos
04/03/1950
Household
Denes Gellert Pall
09/03/1977
Eszter Aniko Pallne Dako
27/12/1980
Household
Istvan Bertalan Babar
13/11/1952
Istvan Bertalanne Babar
13/09/1953
Kecskés Ákos Zoltán
Hódmezővásárhely
21/12/2018
25/09/2018
1,100
48516/16
09/08/2016
Attila Kiss
27/07/1960
03/01/2019
26/06/2018
2,000
51833/16
30/08/2016
Zsolt Farkas
04/01/1983
Mester Csaba
Budapest
27/11/2018
11/10/2018
2,000
59051/16
04/10/2016
(4 applicants)
Household
Imre Bencze
22/07/1950
Atlasz Építőipari Kft
Imréné Bencze
07/04/1955
Tünde Katalin Bencze
24/09/1977
Béres Norbert
Budapest
10/12/2018
02/10/2018
800
69208/16
10/11/2016
Vilmos Csordás
28/07/1967
Váczi Péter
Győr
10/12/2018
13/08/2018
3,000
73633/16
23/11/2016
Zoltán Ferenczy
01/04/1964
Erdőné Rigó Ágnes
Budapest
10/12/2018
20/09/2018
3,300
73643/16
18/11/2016
Frekvent KfT.
05/04/1991
11/12/2018
03/07/2018
7,000
[1]. Plus any tax that may be chargeable to the applicants.
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