FOURTH SECTION
DECISION
Application no. 40/18
István VIGH against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 31 January 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 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 21 February 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
(in euros)[1]
40/18
13/12/2017
István Vigh
15/04/1943
Baráth Lívia
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
19/12/2018
19/12/2018
2,500
140/18
27/12/2017
Károly Nagy
13/04/1970
Baráth Lívia
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
03/12/2018
19/12/2018
3,000
3285/18
10/01/2018
Dezső Lászlóné Sólyom
05/12/1955
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
18/12/2018
06/09/2018
800
3287/18
09/01/2018
Sára Völgyiné Zörgő
23/02/1975
Baráth Lívia
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
03/12/2018
19/12/2018
2,500
7009/18
30/01/2018
Magdolna Márta Pető
12/10/1953
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
20/12/2018
25/07/2018
6,000
7764/18
30/06/2015
Zoltán Várhegyi
22/06/1958
Pivarnyikné Juhász Emőke
Budapest
10/12/2018
13/06/2018
2,000
8107/18
05/02/2018
Mónika Szilasi-Gróf
27/03/1979
Baráth Lívia
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
21/12/2018
19/12/2018
2,000
8688/18
07/02/2018
Hajdúsági Sütödék Zrt
01/04/1992
Halmos Tamás Ferenc
Nyíregyháza
22/11/2018
05/09/2018
10,000
21421/18
23/04/2018
Hajnalka Kovácsné Molnár
26/05/1979
Baráth Lívia
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings
07/01/2019
19/12/2018
2,000
26741/18
30/05/2018
Integral-Bau Kereskedelmi és Szolgáltató Bt.
15/06/2001
Nagy Gergely Tamás
Budapest
27/11/2018
20/11/2018
2,000
[1]. Plus any tax that may be chargeable to the applicants.
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