lagen.nu
no. 50270/12

Van Kuijk and Others v. Hungary

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2016-12-15
ECLI
ECLI:CE:ECHR:2016:1215DEC005027012
Artiklar
6, 6-1, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FOURTH SECTION

Application no. 50270/12 Robertus Gijsbertus Johannes VAN KUIJK against Hungary and 4 other applications (see list appended)

The European Court of Human Rights (Fourth Section), sitting on 15 December 2016 as a Committee composed of:

Vincent A. De Gaetano, President, Egidijus Kūris, Gabriele Kucsko-Stadlmayer, judges,

and Hasan Bakırcı, 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 criminal proceedings were communicated to the Hungarian Government (“the Government”).

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 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 12 January 2017.

Hasan Bakırcı Vincent A. De Gaetano Deputy Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant name

Date of birth

Representative name and location

Date of receipt of Government 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) [i]

50270/12

03/08/2012

Robertus Gijsbertus Johannes VAN KUIJK

19/12/1966

Kollár Károly

Budapest

24/10/2016

19/10/2016

10,000

64609/12

12/09/2012

Lajos DANYI

11/09/1975

25/10/2016

22/07/2016

10,000

69918/12

24/10/2012

András RÓZA

02/10/1958

Jován László

Budapest

14/10/2016

27/10/2016

7,000

73335/12

09/11/2012

Tibor BAŠISTA

16/05/1966

24/10/2016

05/08/2016

6,000

73990/12

13/11/2012

Katalin LÓDI

30/08/1976

Lakatos Viktor

Budapest

25/10/2016

10/10/2016

9,000

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