FOURTH SECTION
DECISION
Application no. 49999/18
Dániel FRANK against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 12 September 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, 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 application 59749/18, complaints based on the same facts were also communicated under Article 13 of the Convention.
The Court received the 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 3 October 2019.
Liv TigerstedtStéphanie Mourou-Vikström
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)[i]
49999/18
19/10/2018
Dániel Frank
13/03/1980
Hadnagy József
Budapest
15/04/2019
23/05/2019
3,500
57321/18
29/11/2018
Ferenc Kovács
18/12/1980
Bene Zoltán
Szeged
28/05/2019
14/05/2019
6,500
59749/18
12/12/2018
István Pálné Puller
18/05/1946
László Kádas
11/11/1953
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings.
30/05/2019
09/05/2019
6,500
5449/19
16/01/2019
Gábor Laki
06/07/1972
Cseterics Krisztián
Budapest
10/05/2019
21/05/2019
9,100
5548/19
17/01/2019
György Móré
10/05/1977
Schill Szabolcs
Budapest
15/07/2019
30/04/2019
9,100
7758/19
01/02/2019
István Ferenc Kun
21/04/1976
Schill Szabolcs
Budapest
15/07/2019
30/04/2019
9,100
9531/19
08/02/2019
Sándor Lovas
13/10/1951
Schill Szabolcs
Budapest
04/07/2019
13/06/2019
3,300
9533/19
08/02/2019
Viktor Heritesz
22/04/1970
Schill Szabolcs
Budapest
04/07/2019
13/06/2019
3,300
9537/19
08/02/2019
Erzsébet Szűcs
12/12/1964
Schill Szabolcs
Budapest
26/06/2019
13/06/2019
3,900
9552/19
06/02/2019
Valéria Lajos
22/06/1977
04/07/2019
11/06/2019
2,600
[i]. Plus any tax that may be chargeable to the applicants.
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