Kobza and Others v. Hungary

FOURTH SECTION

This version was rectified on 19 May

under Rule 81 of the Rules of Court.

Application no. 48/13 Györgyné KOBZA and others against Hungary and 3 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 16 March 2017 as a Committee composed of:

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

and Karen Reid, 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 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 6 April 2017.

Karen Reid Vincent A. De Gaetano 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]

48/13

12/12/2012

(66 applicants)

Györgyné Kobza

10/10/1935

József Mihályné Balogh

12/06/1940

Attila István Bekó

07/02/1971

György Bekó

02/09/1960

István Bekó

06/10/1972

József Bekó

17/10/1936

Istvánné Bertók

20/01/1941

Mónika Cselőtei

27/01/1970

Julianna Csizmadia

22/09/1954

Györgyné Dudás

01/12/1954

István Fabián

13/09/1948

Károlyné Gast

09/03/1956

Józsefné H. Molnár

27/01/1933

Attila Juhász

26/01/1976

Ferenc Juhász

09/01/1951

Sándorné Kalvach

03/12/1949

Sándorné Kiss

17/12/1947

Ferenc Kurucz

04/10/1950

József Kurucz

17/09/1953

Tiborné Ligeti

17/08/1953

Ferencné Márton

14/11/1955

József Molnár

21/08/1962

Mária Molnár

23/04/1957

Valéria Erzsébet Murai

27/12/1947

József Naszádi

23/02/1937

Ágnes Pásztor

21/04/1984

László Pásztor

17/03/1987

Krisztina Reinerné Weisz

21/04/1977

Árpád Józsefné Richter

10/09/1957

Mária Rudolfné dr. Katona

04/10/1956

Lászlóné Sas

08/09/1950

Ferenc Sikter

24/08/1945

György Sikter

03/05/1950

László Sikter

01/11/1948

Jánosné Stegmajer

04/01/1973

Jánosné Szolga

10/06/1931

György Tóth

03/01/1952

Mária Tóth

27/05/1954

Pálné Tóth

11/08/1928

Jánosné Varga

07/09/1954

Zoltán Varga

16/06/1972

Gyuláné Vaskó

19/05/1955

István Verebes

12/03/1966

László Weisz

27/05/1968

Róbertné Wittmann

27/09/1959

Erzsébet Zana

27/05/1960

Imre Zvonorics

15/07/1955

Household

Ferenc Balogh

11/02/1940

Ferencné Balogh

29/03/1939

Household

László Horgász

31/10/1981

Monika Horgász

04/02/1973

Household

Lajos Kalmár

24/11/1983

Zsolt Kalmár

20/10/1978

Household

György Kobza

25/04/1960

Györgyné Kobza

11/02/1960

Household

Erzsébet Molnár

28/05/1977

Krisztina Molnár

26/02/1979

Household

Ferenc Naszádi

10/08/1979

Sára Naszádi

21/07/1980

Household

István Pásztor

30/04/1945

István Pásztor

27/09/1972

Istvánné Pásztor

17/10/1952

Household

Ferenc Varga

24/11/1949

Ferencné Varga

14/09/1953

Household

Sándor Varga

25/08/1969

Sándor János Varga

11/12/1941

Hangyál Edit

Budapest

24/10/2016

14/12/2016

2,000

21619/13

21/03/2013

Edit Kolman

30/03/1961

10/01/2017

25/07/2016

8,000 [1]

30286/13

29/04/2013

Ibolya Jáhn

07/09/1953

Kőfalvi Balázs

Budapest

21/11/2016

02/11/2016

6,000

64262/13

18/09/2013

Edit Kolman

30/03/1961

18/01/2017

09/08/2016

15,000 [2]

[1] Rectified on 19 May 2017: the amount was 6,000

[2] Rectified on 19 May 2017: the amount was 6,000

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