FOURTH SECTION
DECISION
Application no. 55158/16
Magdolna SAVELLONI against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 13 December 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 17 January 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 /
Date of registration
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]
55158/16
14/09/2016
Magdolna Savelloni
06/09/1953
Pivarnyikné Juhász Emőke
Budapest
22/11/2018
22/06/2018
4,000
58116/16
26/09/2016
Active Invest Magyarország Kft
03/02/2004
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
20/11/2018
24/07/2018
4,000
78226/16
08/12/2016
Albert Berényi
06/01/1944
Szigethy István
Zalaegerszeg
19/11/2018
16/07/2018
10,000
67762/17
08/09/2017
Tamás Berta
24/04/1981
Orgován István
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings –
14/11/2018
17/08/2018
2,500
82644/17
28/11/2017
(3 applicants)
Household
Marcell Vígh
27/12/1969
Gyuláné Vígh
22/03/1950
Margit Rabstein
23/08/1938
Kmetty Ildikó
Vác
20/11/2018
16/07/2018
8,000
83867/17
12/12/2017
László Nagyházi
14/09/1970
Molnár Attila István
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
14/11/2018
27/09/2018
2,000
8326/18
07/02/2018
Márta Zsuzsanna Szabó
05/05/1963
Halmos Tamás Ferenc
Nyíregyháza
13/11/2018
05/09/2018
10,000
8480/18
07/02/2018
Tamás János Szakács
03/06/1960
Halmos Tamás Ferenc
Nyíregyháza
13/11/2018
05/09/2018
10,000
18685/18
13/04/2018
Mihály Takács
30/07/1985
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
20/11/2018
16/10/2018
3,500
21860/18
28/04/2018
Garda Kft
01/01/1998
Patócs Ilona
Tapolca
19/11/2018
14/09/2018
2,500
[1]. Plus any tax that may be chargeable to the applicants.
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