TÓTHNÉ MAJOR A OSTATNÍ proti Maďarsku

FOURTH SECTION

DECISION

Application no. 78492/17
Mária TÓTHNÉ MAJOR and Others
against Hungary
(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 7 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 application lodged on 4 November 2013,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr G. Czirmes, a lawyer practising in Budapest.

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 respect of the applicants Ms Sándorné Klonka, Ms Mária Magdolna Várkonyi, Mr László Durgó and Ms Gyöngyi Szép, the Court observes that they were not parties to the impugned domestic proceedings.

In respect of the other applicants, the Court received friendly‑settlement declarations under which those applicants agreed to waive any further claims against Hungary in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amount detailed in the appended table. This amount 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 this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 case in this regard.

THE LAW

As regards the applicants Ms Sándorné Klonka, Ms Mária Magdolna Várkonyi, Mr László Durgó and Ms Gyöngyi Szép, who were not party to the relevant domestic proceedings, the application is incompatible ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 (a) and must be rejected, pursuant to Article 35 § 4 of the Convention.

As regards the other applicants, 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 application. In view of the above, it is appropriate to strike the case out of the list for these applicants.

For these reasons, the Court, unanimously,

Decides to declare the complaints of the applicants Ms Sándorné Klonka, Ms Mária Magdolna Várkonyi, Mr László Durgó and Ms Gyöngyi Szép inadmissible; and

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention as concerns the other applicants.

Done in English and notified in writing on 28 March 2019.

Liv Tigerstedt Georges Ravarani
Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

[1]. Plus any tax that may be chargeable to the applicants.