SECOND SECTION
DECISION
Application no. 3170/05
by Anikó IVANICSNÉ RIGLER
against Hungary
The European Court of Human Rights (Second Section), sitting on
13 May 2008 as a Chamber composed of:
Françoise Tulkens, President,
Antonella Mularoni,
Ireneu Cabral Barreto,
Vladimiro Zagrebelsky,
Dragoljub Popović,
András Sajó,
Nona Tsotsoria, judges,
and Sally Dollé, Section Registrar,
Having regard to the above application lodged on 12 November 2004,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Anikó Ivanicsné Rigler, is a Hungarian national who was born in 1957 and lives in Szeged. She was represented before the Court by Mr A. Imre, a lawyer practising in Szeged. The Hungarian Government (“the Government”) were represented by Mr L. Höltzl, Agent, Ministry of Justice and Law Enforcement.
The facts of the case, as submitted by the parties, may be summarised as follows.
In a dispute concerning an entry in the land register, on 16 January 1997 the applicant brought an action against the company H. Ltd. The case was subsequently given priority on two occasions.
After several hearings and the submissions of opinions by two experts, on 17 December 2003 the Kiskőrös District Court found for the applicant.
On 4 May 2004 the Bács-Kiskun County Regional Court dismissed the respondent’s appeal. This decision was served on 21 June 2004.
COMPLAINTS
The applicant complained of the protraction of the litigation and that her property rights had been violated because the situation in the land register was pending for an unreasonably long time. She relied on Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention.
THE LAW
On 12 February 2008 the Court received the following declaration from the Government:
“I declare that the Government of Hungary offer to pay ex gratia 4,500 euros to
Ms Anikó Ivanicsné Dr. Rigler with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.”
On 7 April 2008 the Court received the following declaration signed by the applicant:
“I note that the Government of Hungary are prepared to pay me ex gratia the sum of 4,500 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Hungary in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
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 its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Sally DolléFrançoise Tulkens
RegistrarPresident
Full & Egal Universal Law Academy