FOURTH SECTION
DECISION
Application no. 17800/15
ZÁLOGFIÓK ZRT against Hungary
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 March 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 11 April 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]
17800/15
07/04/2015
Zálogfiók Zrt
31/05/1997
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
15/02/2019
14/06/2018
9,000
22594/15
30/04/2015
Marianna Körmendy
02/10/1974
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
04/02/2019
04/12/2018
2,000
27013/15
28/05/2015
Household
Tibor Ottó Horváth
16/06/1946
Tibor Ottóné Horváth
10/02/1946
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
31/01/2019
22/01/2019
4,000
72533/17
29/09/2017
Margit Illésy
11/02/1954
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
07/01/2019
07/02/2019
3,500
73414/17
08/10/2017
László Géza Kováts
12/03/1948
05/02/2019
15/02/2019
2,500
231/18
17/12/2017
Tibor Hámori
30/11/1956
Baráth Lívia
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
11/02/2019
19/12/2018
3,000
39289/18
08/08/2018
Ágnes Szücs
03/05/1949
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
29/01/2019
20/02/2019
8,000
46058/18
21/09/2018
Mária Kötélné Gönczöl
04/10/1966
Pivarnyikné Juhász Emőke
Budapest
11/02/2019
14/01/2019
4,000
46302/18
25/09/2018
(4 applicants)
Gabriella Ilona Várkonyi
26/08/1976
Zoltánné Várkonyi
10/06/1950
Andrea Várkonyi
04/04/1975
Tibor Vági
14/10/1944
Horváthné Nagy Ildikó
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
11/02/2019
24/01/2019
5,600
47879/18
27/09/2018
András Lendvay
24/07/1960
Kiss Dominika Szilvia
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
11/02/2019
18/02/2019
1,500
[1]. Plus any tax that may be chargeable to the applicants.
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