FOURTH SECTION
DECISION
Application no. 39868/15
Irén HOLU 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 civil 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 civil 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]
39868/15
07/08/2015
Irén Holu
28/10/1959
Kiss Dániel Bálint
Budapest
16/10/2018
15/06/2018
4,000
44952/15
03/09/2015
Attila Micsu
05/01/1973
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
18/10/2018
06/07/2018
4,600
51549/15
14/10/2015
Tibor Marosi
14/07/1976
Gellér Balázs József
Budapest
11/10/2018
22/08/2018
3,300
52793/15
15/10/2015
Ferenc Gudmon
27/08/1986
Cech András
Budapest
16/10/2018
03/05/2018
3,500
14351/16
29/02/2016
Sándorné Császár
05/01/1942
Tarr Dávid Gábor
Budapest
10/10/2018
26/04/2018
9,000
19991/16
08/04/2016
Tamás Kovács
01/08/1980
Pivarnyikné Juhász Emőke
Budapest
08/10/2018
15/06/2018
5,000
28593/16
17/05/2016
György Mészáros
14/02/1974
Szelei Renáta
Budapest
15/10/2018
06/09/2018
3,000
33841/16
09/06/2016
Dénesné Lóky
29/02/1936
Pálvölgyi Miklós
Budapest
18/10/2018
18/09/2018
12,000
44047/16
25/07/2016
Géza Hetényi
11/12/1950
Gál Zoltán
Székesfehérvár
15/10/2018
20/06/2018
8,000
59388/16
05/10/2016
Julia Deákné Lervencz
14/05/1957
18/10/2018
11/09/2018
3,500
[1]. Plus any tax that may be chargeable to the applicants.
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