Přehled
Rozhodnutí
FOURTH SECTION
DECISION
Application no. 59103/13
Róbert KARSAI and others against Hungary
and 11 other applications
(see appended table)
This version was rectified on 13/12/2018 under Rule 81 of the Rules of Court
The European Court of Human Rights (Fourth Section), sitting on 25 October 2018 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 15 November 2018.
Liv Tigerstedt Georges Ravarani
Acting Deputy Registrar President
APPENDIX
No. | Application no. | 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 the 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] |
59103/13 11/09/2013 (28 applicants) | Róbert Karsai 27/11/1972 János Ádám 23/03/1973 Emil Bánhalmi 07/11/1944 András Bodnár 11/01/1953 Zoltán Csikós 25/11/1970 György Czeilinger 21/09/1965 Gábor Devecsai 05/10/1974 Szilárd Hamar 25/11/1976 Ferenc Hassza 28/11/1966 Barna Katona 17/01/1955 Zoltán Kőszegi 29/06/1967 János Kovács 01/07/1943 István Krémer 13/06/1961 Ottó Páni 22/05/1948 István Paulik 11/08/1947 Miklos Pocsi 12/06/1959 Ferenc Portik 28/08/1955 Gabor Radvanyi 16/01/1957 Ferenc Rafai 11/12/1974 Gyula Schmidt 03/04/1977 Gabor Sefcsik 26/01/1970 Jozsef Szeidl 16/03/1949 Janos Szigli 07/05/1976 Tibor Varga 02/05/1957 Jozsef Vegh 04/05/1972 Otto Zaj 15/10/1953 Household Ilona Gyurcsek 27/08/1972 Andrea Szilvasine Gyurcsek 22/09/1975 | Barbalics István Budapest | 13/09/2018 | 11/04/2018 | 10,700 | ||
42573/14 26/05/2014 | Rezső Sesztakov 16/07/1959 | Ábrahám István Ajka | 13/09/2018 | 03/04/2018 | 2,000 | ||
52990/14 22/07/2014 | László Sebestyén 24/07/1963 | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings - | 16/08/2018 | 05/09/2018 | 2,500 | ||
72201/14 31/10/2014 | Csaba Károly Tichy-Rács 09/03/1944 | 07/09/2018 | 09/03/2018 | 2,500 | |||
11927/15 02/03/2015 | András Lendvay 24/07/1960 | Magyar György Budapest | 04/09/2018 | 14/09/2018 | 7,000 | ||
15756/15 24/03/2015 | Zsuzsanna Pelyhe 22/04/1966 | 05/09/2018 | 16/05/2018 | 10,000 | |||
16466/15 24/03/2015 | Erzsébet Benczúr 24/03/1959 | Tamás Ildikó Nyíregyháza | 07/09/2018 | 17/08/2018 | 2,600 | ||
47943/15 21/09/2015 | Királyváros Bt. 02/02/2001 | Csonka Balázs Csopak | 13/09/2018 | 12/04/2018 | 3,000 | ||
53271/15 20/10/2015 | Anikó Kellerné Galgócz-Deák 09/12/1964 | 14/09/2018 | 24/08/2018 | 3,500 | |||
53438/15 21/10/2015 | Sándor Lakatos 28/04/1960 | Váczi Péter Győr | 13/09/2018 | 06/08/2018 | 2,000 | ||
53448/15 21/10/2015 | Erzsébet Kerekes 09/08/1942 | Bayerné Siklós Éva Budapest | 13/09/2018 | 07/05/2018 | 13,000 | ||
53803/15 27/10/2015 | Márta Szabadosné Náfrádi 20/09/1965 | 13/09/2018 | 06/06/2018 | 2,000 |
[1]. Plus any tax that may be chargeable to the applicants.