FOURTH SECTION
DECISION
Application no. 46953/14
István JÁVOR against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 April 2019 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 Article 13 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 16 May 2019.
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/household
(in euros)[1]
46953/14
17/05/2014
István Jávor
b: 08/02/1954
d: 23/01/2017
Pursued by heirs:
Csongor Zsolt Jávor
Diána Paloma Jávor
12/02/2019
07/03/2019
8,000
10337/15
20/02/2015
Annamária Makkné Hajnis
08/08/1964
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
04/03/2019
09/01/2019
3,500
13471/18
10/03/2018
Household
József Nagy
23/02/1951
Józsefné Nagy
26/07/1954
Vidéki László
Szolnok
08/03/2019
08/01/2019
2,000
13584/18
12/03/2018
Mária Somodi
27/08/1957
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
25/02/2019
07/03/2019
7,000
32380/18
05/07/2018
István Lászlóné Pesti
04/10/1953
Karsai Dániel András
Budapest
11/03/2019
22/01/2019
6,000
37176/18
25/07/2018
Katinka Magyari
15/05/1971
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
04/03/2019
20/11/2018
10,000
39302/18
10/08/2018
Marianne Benedek
27/09/1963
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
04/03/2019
27/11/2018
11,000
47750/18
02/10/2018
Lívia Kenyeres
24/09/1955
04/03/2019
08/01/2019
2,000
49044/18
10/10/2018
Ildikó Várkonyi
02/11/1975
Zsolt János Várkonyi
03/02/1967
Váczi Péter
Győr
08/03/2019
14/01/2019
3,500
52001/18
31/10/2018
Péter Hercz
04/01/1956
Somos Zoltán
Budapest
06/03/2019
14/01/2019
6,000
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy