Czibere and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
FIRST SECTION
Application no. 5975/20 Kornél CZIBERE against Hungary and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 18 February 2021 as a Committee composed of:
Alena Poláčková, President, Péter Paczolay, Gilberto Felici, judges,
and Viktoriya Maradudina, 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 (see appended table below).
The Court received the friendly-settlement declarations, signed by the parties, 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 11 March 2021.
Viktoriya Maradudina Alena Poláčková 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
Year of birth/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
(in euros) [1]
5975/20
14/01/2020
Kornél CZIBERE
1974
Petrik Péter
Budapest
02/09/2020
18/01/2021
1,000
10856/20
19/02/2020
Kálmán Gyula VIDA
1950
07/07/2020
11/01/2021
9,100
26125/20
02/06/2020
Anna Mária ZEMEN
1968
Hrabéczy Miklós
Monor
30/11/2020
25/01/2021
4,600
26335/20
08/11/2019
Eszter HORVÁTH
1997
Pivarnyikné Juhász Emőke
Budapest
15/12/2020
13/01/2021
3,900
28574/20
16/06/2020
Róbertné FARKAS
1961
Pivarnyikné Juhász Emőke
Budapest
15/12/2020
13/01/2021
6,500
33011/20
21/07/2020
Violetta Eszter FODOR
1972
05/01/2021
14/01/2021
6,500
35994/20
17/06/2020
GORDIUSZ 95’ ZRT.
1998
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings.
16/12/2020
13/10/2020
2,000
36354/20
06/08/2020
Sándor LOVASS
1964
Pivarnyikné Juhász Emőke
Budapest
11/01/2021
13/01/2021
7,800
37661/20
14/08/2020
Attila SOKVÁRI
1970
Neizer Norbert
Budapest
15/01/2021
14/01/2021
9,100
39064/20
18/08/2020
Gábor Antal SIMONYI
1962
Bárándy Péter
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings.
17/12/2020
23/10/2020
16,900
[1] Plus any tax that may be chargeable to the applicants.