Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 31 stycznia 2019 r.
77251/13

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0131DEC007725113

FOURTH SECTION

DECISION

Application no. 77251/13

Gabriella HIMA 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:

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 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 21 February 2019.

Liv Tigerstedt

Georges Ravarani

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 /

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

1.

77251/13

02/12/2013

Gabriella Hima

25/09/1953

Maráth Csaba

Budapest

30/11/2018

09/07/2018

2,000

2.

13592/14

05/02/2014

Lajos Kárpáti

06/07/1947

27/11/2018

21/02/2018

2,000

3.

73170/14

03/11/2014

(4 applicants)

Household

Ferenc Dudás

28/05/1956

Attila Dudás

27/12/1981

Erika Dudás

05/01/1984

Ilona Dudásné Varga

01/06/1955

Barbalics István

Budapest

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

10/12/2018

04/07/2018

9,000

4.

9621/15

09/02/2015

Zsuzsa Imola Unger

18/11/1972

Kiss Dániel Bálint

Budapest

17/12/2018

14/06/2018

3,500

5.

16278/15

27/03/2015

Nóra Hidasi-Costa

15/08/1976

Grád András Gusztáv

Budapest

30/11/2018

19/09/2018

800

6.

24987/15

27/04/2015

József László Nagy

13/08/1953

Farkas Gabriella

Budapest

10/12/2018

20/09/2018

2,600

7.

24988/15

29/04/2015

Közműépítő 97 Kft

26/11/1997

Váczi Péter

Győr

10/12/2018

06/08/2018

8,000

8.

52794/15

15/10/2015

Eszter Lénárt

21/01/1954

Cech András

Budapest

26/11/2018

05/09/2018

4,000

9.

22185/16

15/04/2016

Gizella Andu Kosztyu

13/05/1944

Urbánné Csató Julianna

Budapest

22/11/2018

21/06/2018

12,000

10.

24334/16

25/04/2016

Household

István Mladin

09/07/1961

Ibolya Mladinné Homoki

10/02/1964

Szegedi Zsolt

Nyíregyháza

10/12/2018

03/07/2018

6,000

1

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