Briseno-Varga and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 1258/13 Ágnes BRISENO-VARGA and others against Hungary and 6 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 13 September 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 4 October 2018.
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
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]
1258/13
06/12/2012
(3 applicants)
Household
Ágnes Briseno-Varga
15/07/1970
Emma Kiss
21/01/1942
Gábor Varga
10/08/1971
Varga Gábor
Budapest
31/05/2018
22/06/2018
13,000
48514/13
19/07/2013
(4 applicants)
József Végh
09/03/1967
Zsolt Brevák
23/06/1967
Ferenc Molnár
02/12/1950
Réka Ádámosi
01/12/1990
Barbalics István
Budapest
31/05/2018
11/04/2018
9,100
50999/13
02/08/2013
Ferenc Puskás
01/01/1945
Grád András Gusztáv
Budapest
24/05/2018
09/02/2018
2,000
59371/13
13/09/2013
László Németh
17/03/1954
Hrabéczy Miklós
Monor
12/06/2018
07/02/2018
7,000
65705/13
14/10/2013
(4 applicants)
Household
János Győri
20/10/1955
Gergely Győri
29/12/1979
Jánosné Győri
16/10/1956
Levente Győri
23/02/1981
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
08/06/2018
05/02/2017
7,000
66713/13
16/10/2013
László Gáborné Molnár
31/08/1945
Váczi Péter
Győr
23/05/2018
02/02/2018
7,000
74714/13
18/11/2013
Dániel Horesnyi
11/05/1976
Mester Csaba
Budapest
31/05/2018
04/06/2018
2,500
[1] . Plus any tax that may be chargeable to the applicants.