Kondrát and Others v. Hungary
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 5710/16 Miklós KONDRÁT and Miklósné KONDRÁT against Hungary and 11 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 October 2018 as a Committee composed of:
Georges Ravarani, President, Marko Bošnjak, Péter Paczolay, 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 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 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 15 November 2018.
Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President
APPENDIX
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 the Government’s 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) [1]
5710/16
21/01/2016
Household
Miklós Kondrát
13/07/1930
Miklósné Kondrát
13/07/1930
Vágó Péter
Miskolc
18/09/2018
14/05/2018
2,000
6294/16
26/01/2016
Zoltán Horváth
25/01/1972
Kmetty Ildikó
Vác
05/09/2018
22/06/2018
3,000
13788/16
04/03/2016
(7 applicants)
Károly László Zsombor
09/07/1937
Antal Urgyán
02/10/1968
Miklósné Turák
07/11/1946
Péterné Tőke
23/01/1939
István Horváth
21/09/1947
Sándor Végső
12/04/1941
Mihály Gyorgyné Breier
03/12/1956
Kiss Dániel Bálint
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
13/09/2018
17/04/2018
12,000
17644/16
17/03/2016
Lászlóné Jurás
06/08/1947
Váczi Péter
Győr
13/09/2018
19/04/2018
3,000
22635/16
15/04/2016
József Andrásné Budi
22/02/1958
Karsai Dániel András
Budapest
07/09/2018
27/04/2018
5,200
23414/16
21/04/2016
Balázs György Rágyánszki
19/10/1973
Mester Csaba
Budapest
19/09/2018
19/07/2018
7,000
26684/16
29/04/2016
Balázs Németh
17/11/1988
Bese Julianna
Tatabánya
18/09/2018
24/04/2018
1,300
53149/16
05/09/2016
Margit Anna Jófejűné Pápai
16/02/1952
Sebők Dóra
Budapest
06/09/2018
17/08/2018
2,500
57251/16
26/09/2016
Zoltán Pósa
23/01/1976
Karsai Dániel András
Budapest
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -
12/09/2018
20/06/2018
1,300
61289/16
14/10/2016
István Tihanyi
19/10/1954
Szegedi Zsolt
Nyíregyháza
17/09/2018
13/09/2018
12,000
24422/17
23/03/2017
(5 applicants)
Józsefné Held
22/02/1933
Józsefné Held
19/08/1960
Household
Anita Held
01/02/1984
Péter Held
02/05/1957
Renáta Held
21/09/1986
Tóth István
Budapest
07/09/2018
29/08/2018
10,000
76332/17
19/07/2013
(10 applicants)
Istvan Petrik
20/07/1971
Gábor Dömsödi
23/05/1947
Csaba Hertelendi
06/07/1959
Gergely Jánosi
08/07/1965
József Elek
12/03/1953
András Farkas
13/05/1954
Tamás Rácz
11/08/1975
Csaba Molnár
06/02/1976
Lajos Balogh
30/06/1964
Imre Szántó
30/09/1966
Barbalics István
Budapest
13/09/2018
11/04/2018
10,000
[1] . Plus any tax that may be chargeable to the applicants.