SECOND SECTION
DECISION
Application no. 52453/10
Zoltán DURAY and others
against Hungary
The European Court of Human Rights (Second Section), sitting on 17 September 2013 as a Committee composed of:
Peer Lorenzen, President,
András Sajó,
Nebojša Vučinić, judges,
and Atilla Nalbant, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 September 2010,
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 Article 6 of the Convention about the length of criminal proceedings conducted against them.
On 9 April and 6 June 2013 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 each of the applicants EUR 8,000 (eight thousand 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. It 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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.
Atilla NalbantPeer Lorenzen
Acting Deputy RegistrarPresident
Appendix
LIST OF APPLICANTS
No.
First name and Last Name
Birth year
Nationality
Place of residence
Zoltán DURAY
1968
Hungarian
Budapest
András DURAY
1975
Hungarian
Budapest
Ferenc VINCZE
1974
Hungarian
Budapest
Zsolt VINCZE
1966
Hungarian
Budapest
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