Tóth and Others v. Hungary

FOURTH SECTION

Application no. 59840/17 Etelka TÓTH and others against Hungary and 2 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 20 June 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,

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 application no. 82941/17 a complaint based on the same facts was also communicated under Article 13 of the Convention.

After unsuccessful friendly-settlement negotiations, the Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.

The Government acknowledged the excessive length of civil proceedings. In application no. 82941/17 they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by Article 13 of the Convention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 applicants informed the Court that they agreed to the terms of the declarations.

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 finds that, following the applicants’ express agreement to the terms of the declarations made by the Government, the cases should be treated as a friendly settlement between the parties.

It therefore 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 the 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 11 July 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 acceptance

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant /household

(in euros) [i]

59840/17

08/08/2017

(25 applicants)

Etelka Tóth

17/04/1949

Szilvia Erzsébet Török

27/08/1975

Ágota Sütő

08/03/1966

Zenóbia Pitka

29/11/1964

Tamás Sáfár

11/10/1973

Éva Síkhegyi-Rácz

10/01/1976

Katalin Balogh

03/01/1965

László Kálmánné Kovács

18/03/1967

Ilona Péterné Dobos

05/03/1960

Mária Daróczi

31/07/1966

Mihályné Halász

02/06/1943

Krisztina Józsáné Lovász

08/08/1973

Krisztina Pataki

22/03/1979

Judit Hegedüsné Ballai

31/03/1972

Mariann Bíró

08/10/1974

Judit Sárkány

23/03/1960

Éva Pécsy

21/05/1973

Marianna Ördögh

18/10/1962

Lőrincné Takó

20/06/1966

Lajosné Kantó

20/01/1944

Judit Ördögh

26/08/1968

Mónika Savanya

18/05/1978

Attiláné Bakri

27/07/1968

Norbert Kulcsár

25/03/1974

Edina Mária Csernay

09/09/1961

Pető Zsolt

Szeged

01/02/2019

26/02/2019

7,800

80487/17

10/11/2017

Tamás Dévényi

07/03/1971

16/11/2018

18/03/2019

2,500

82941/17

05/12/2017

(3 applicants)

Household

Zsombor Sztányi

21/01/2005

Orsolya Sztányi

10/03/1978

Robert Sztányi

03/12/1974

Karsai Dániel András

Budapest

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

05/11/2018

29/11/2018

8,000

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