Besenyeiné Horváth and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 36581/13 Klára BESENYEINÉ HORVÁTH against Hungary and 6 other applications (see list appended)
The European Court of Human Rights (Fourth Section), sitting on 18 May 2017 as a Committee composed of:
Vincent A. De Gaetano, President, Iulia Motoc, Marko Bošnjak, 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”).
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 8 June 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]
36581/13
21/05/2013
Klára Besenyeiné Horváth
01/02/1940
Grád András Gusztáv
Budapest
03/04/2017
13/02/2017
2,500
42766/13
07/06/2013
Célgépgyártó Kft
Ádám Erzsébet
Budapest
08/02/2017
08/02/2017
8,000
65511/16
08/11/2016
Beáta Oltványi
26/02/1980
Pető Zsolt
Szeged
03/04/2017
27/01/2017
8,000
65514/16
07/11/2016
Aladárné Varga
09/05/1957
Pető Zsolt
Szeged
03/04/2017
27/01/2017
8,000
65516/16
07/11/2016
Róbert Kovalik
25/01/1979
Pető Zsolt
Szeged
03/04/2017
27/01/2017
8,000
65518/16
07/11/2016
Irén Veronika Pál
25/08/1977
Pető Zsolt
Szeged
03/04/2017
27/01/2017
8,000
65528/16
08/11/2016
Zoltánné Németh
20/12/1970
Pető Zsolt
Szeged
13/02/2017
30/01/2017
8,000
[i] . Plus any tax that may be chargeable to the applicants.