lagen.nu
no. 33440/17

Gosztonyi and Others v. Hungary

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2018-10-25
ECLI
ECLI:CE:ECHR:2018:1025DEC003344017
Artiklar
6, 6-1, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FOURTH SECTION

Application no. 33440/17 Péter GOSZTONYI against Hungary and 4 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 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 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

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

(in euros) [1]

33440/17

27/04/2017

Péter Gosztonyi

24/05/1950

Kalló Péter

Budapest

07/09/2018

11/04/2018

4,000

71368/17

17/09/2017

Jenő Váradi

28/02/1968

Jenőné VÁRADI

23/05/1972

Hatlaczki Gyula

Nagykáta

17/09/2018

26/04/2018

12,000

71373/17

17/09/2017

Katalin Váradi

01/07/1976

Hatlaczki Gyula

Nagykáta

13/09/2018

26/04/2018

12,000

71377/17

17/09/2017

András Radics

11/09/1972

Hatlaczki Gyula

Nagykáta

13/09/2018

26/04/2018

12,000

71382/17

17/09/2017

Józsefné Horváth

01/04/1969

Hatlaczki Gyula

Nagykáta

13/09/2018

27/04/2018

12,000

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