FOURTH SECTION
DECISION
Application no. 44364/16
Zoltán ERDEI against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 29 November 2018 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 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 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 20 December 2018.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Other complaints under well-established case-law
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
(in euros)[1]
44364/16
22/07/2016
Zoltán Erdei
13/03/1954
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings -
24/09/2018
13/07/2018
6,000
628/17
23/12/2016
Zoltán Gábor Németh
30/07/1975
Galló-Győri Ildikó
Budapest
17/10/2018
16/10/2018
4,000
31103/17
20/04/2017
Ferenc Várbíró
26/08/1978
11/10/2018
30/05/2018
3,000
31267/17
20/04/2017
Tamás Jagyugya
28/11/1975
11/10/2018
05/06/2018
3,000
31268/17
20/04/2017
Tibor Molnár
12/02/1972
11/10/2018
12/06/2018
3,000
31269/17
20/04/2017
Tamás Gálig
09/05/1979
11/10/2018
30/05/2018
3,000
34652/17
03/05/2017
Klaudia Krant
02/05/1975
Cseterics Krisztián
Budapest
10/10/2018
24/04/2018
8,000
34696/17
03/05/2017
Mark Krant
14/07/1970
Cseterics Krisztián
Budapest
10/10/2018
24/04/2018
12,000
55776/17
25/07/2017
Tamás Forró
17/04/1949
Furulyás Ibolya
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings -
13/09/2018
06/08/2018
7,000
68972/17
14/09/2017
Gabriella Mészáros
24/08/1975
Juhász M Gábor
Budapest
10/10/2018
27/04/2018
3,500
[1]. Plus any tax that may be chargeable to the applicants.
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