FOURTH SECTION
DECISION
Application no. 38988/18
Ferenc VARSÁNYI against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 28 November 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, 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 19 December 2019.
Liv TigerstedtStéphanie Mourou-Vikström
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)[i]
38988/18
30/07/2018
Ferenc VARSÁNYI
02/09/1973
Baráth Lívia
Budapest
Art. 13 - lack of any effective remedy in domestic law - There is no effective remedy against protraction of civil proceedings.
24/10/2019
15/10/2019
7,800
40048/18
17/08/2018
Sándor MAGOSI
12/08/1963
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law - There is no effective remedy against protraction of civil proceedings.
11/02/2019
28/10/2019
11,000
40051/18
17/08/2018
Sándorné MAGOSI
27/07/1944
Sándor MAGOSI
11/09/1939
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law - There is no effective remedy against protraction of civil proceedings.
11/02/2019
28/10/2019
11,000
20705/19
02/04/2019
Cecília SZAK
25/08/1956
Art. 13 - lack of any effective remedy in domestic law - There is no effective remedy against protraction of civil proceedings.
31/10/2019
15/10/2019
11,700
21110/19
09/04/2019
Győző MISKOVITS
10/04/1953
10/10/2019
08/10/2019
14,300
25596/19
02/05/2019
(4 applicants)
Household
Ágnes JOÓ-CSOKONAI
31/05/1980
Ágnes SZABÓ
22/11/2006
Household
Béla SZABÓ
08/11/1953
Erzsébet SZABÓNÉ IGAZ
14/05/1953
Horváth György
Budapest
03/10/2019
18/10/2019
2,600
31354/19
29/05/2019
Mária JOHANN
06/12/1938
18/10/2019
15/10/2019
1,000
33871/19
18/06/2019
DR. NAGY ÜGYVÉDI IRODA
05/06/2001
Horváthné Nagy Ildikó
Budapest
Art. 13 - lack of any effective remedy in domestic law - There is no effective remedy against protraction of civil proceedings.
28/10/2019
09/10/2019
3,900
38970/19
15/07/2019
Éva FUNK
24/09/1974
Hantos Ádám
Budapest
24/10/2019
15/10/2019
2,600
39219/19
17/07/2019
(3 applicants)
Csaba Tibor SZÉKELY
14/11/1957
Jenő RUSZTHI
27/07/1945
Judit KŐSZEGINÉ HUGYECZ
13/12/1951
Kecskés Ákos Zoltán
Hódmezővásárhely
Art. 13 - lack of any effective remedy in domestic law - There is no effective remedy against protraction of civil proceedings.
28/10/2019
14/10/2019
6,500
[i]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy