FOURTH SECTION
DECISION
Application no. 22934/13
János GARBACZ and others against Hungary
and 7 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 15 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 6 December 2018.
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
Representative 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]
22934/13
25/03/2013
(3 applicants)
János Garbacz
27/11/1957
Sándor DRENDA
26/08/1964
Imre István KÖKÉNY
01/01/1956
Borsos Tamás
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings -
13/09/2018
09/07/2018
2,500
50548/14
03/07/2014
Péter Klodczyk
24/04/1957
Borsos Tamás
Budapest
03/10/2018
09/07/2018
3,000
60740/16
11/10/2016
Gabriella Bertalan
22/05/1990
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings -
17/09/2018
22/06/2018
5,000
32367/17
25/04/2017
Erzsébet Rafael
04/03/1978
Mester Csaba
Budapest
08/10/2018
03/07/2018
5,000
36518/17
14/05/2017
Zsolt Kovács
07/07/1977
Fahidi Gergely
Budapest
24/09/2018
19/04/2018
1,500
41003/17
31/05/2017
György Glonda
03/11/1987
Révész Dóra Katalin
Budapest
17/09/2018
03/05/2018
2,500
71384/17
17/09/2017
Dezső Danyi
04/03/1972
Csilla LAKATOS
03/02/1975
Hatlaczki Gyula
Nagykáta
17/09/2018
27/04/2018
12,000
81394/17
07/09/2017
Árpád Székely
23/11/1957
Miklós Zoltán TÁTRAI
27/08/1975
Cech András
Budapest
02/10/2018
27/04/2018
2,500
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy