Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 10 października 2019 r.
62631/14

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:1010DEC006263114

FOURTH SECTION

DECISION

Application no. 62631/14

Terézia SZABÓ and János KONKOLY against Hungary

and 9 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 10 October 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:

Uzasadnienie faktyczne

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 the 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.

Uzasadnienie prawne

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.

Sentencja

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 31 October 2019.

Liv Tigerstedt

Stéphanie Mourou-Vikström

Acting Deputy Registrar

President

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) 1

1.

62631/14

09/09/2014

Household

Terézia Szabó

14/01/1941

János Konkoly

03/01/1940

Magyar György

Budapest

26/07/2019

11/10/2018

2,500

2.

46687/18

21/09/2018

Gabriella Etelka Dódity

29/10/1974

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings.

23/07/2019

11/09/2019

3,300

3.

57369/18

28/11/2018

Győző Kocsis

03/03/1948

Hamar Sándor

Budapest

10/05/2019

04/09/2019

3,900

4.

57901/18

05/12/2018

Mátyás Sereg

08/08/1955

Baráth Lívia

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings.

02/07/2019

02/09/2019

2,000

5.

59545/18

07/12/2018

Irén Kun

12/11/1950

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings.

21/05/2019

10/09/2019

19,500

6.

349/19

20/12/2018

Krisztina Németh

05/08/1967

Tóth Balázs Gergely

Budapest

04/07/2019

24/07/2019

2,000

7.

9849/19

14/02/2019

(3 applicants)

Judit Hajdiné Sikter

12/11/1973

Brigitta Sikter

16/07/1983

Ferenc Sikter

21/01/1971

Hangyál Edit

Budapest

Art. 13- lack of any effective remedy in domestic law in respect of excessive length of civil proceedings.

11/09/2019

10/07/2019

5,200

8.

10309/19

14/02/2019

László Medzihradszky

20/02/1952

27/08/2019

28/08/2019

5,200

9.

18649/19

18/03/2019

Istvánné Ábel

26/07/1936

Zsobrák Norbert Lajos

Budapest

16/08/2019

26/08/2019

2,600

10.

23214/19

26/04/2019

Szabolcs Vámosi-Nagy

19/09/1951

Gál Zoltán

Székesfehérvár

29/07/2019

03/07/2019

15,600

1

. Plus any tax that may be chargeable to the applicants.