Zálogfiók Zrt and Others v. Hungary

FOURTH SECTION

Application no. 17800/15 ZÁLOGFIÓK ZRT against Hungary and 9 other applications (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 21 March 2019 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 Article 13 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 11 April 2019.

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

No.

Application no. Date of introduction

Applicant’s name

Date of birth /

Date of registration

Representative’s name and location

Other complaints under well-established case-law

Date of receipt of 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]

17800/15

07/04/2015

Zálogfiók Zrt

31/05/1997

Karsai Dániel András

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

15/02/2019

14/06/2018

9,000

22594/15

30/04/2015

Marianna Körmendy

02/10/1974

Kiss Dániel Bálint

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

04/02/2019

04/12/2018

2,000

27013/15

28/05/2015

Household

Tibor Ottó Horváth

16/06/1946

Tibor Ottóné Horváth

10/02/1946

Karsai Dániel András

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

31/01/2019

22/01/2019

4,000

72533/17

29/09/2017

Margit Illésy

11/02/1954

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

07/01/2019

07/02/2019

3,500

73414/17

08/10/2017

László Géza Kováts

12/03/1948

05/02/2019

15/02/2019

2,500

231/18

17/12/2017

Tibor Hámori

30/11/1956

Baráth Lívia

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

11/02/2019

19/12/2018

3,000

39289/18

08/08/2018

Ágnes Szücs

03/05/1949

Karsai Dániel András

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

29/01/2019

20/02/2019

8,000

46058/18

21/09/2018

Mária Kötélné Gönczöl

04/10/1966

Pivarnyikné Juhász Emőke

Budapest

11/02/2019

14/01/2019

4,000

46302/18

25/09/2018

(4 applicants)

Gabriella Ilona Várkonyi

26/08/1976

Zoltánné Várkonyi

10/06/1950

Andrea Várkonyi

04/04/1975

Tibor Vági

14/10/1944

Horváthné Nagy Ildikó

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

11/02/2019

24/01/2019

5,600

47879/18

27/09/2018

András Lendvay

24/07/1960

Kiss Dominika Szilvia

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings -

11/02/2019

18/02/2019

1,500

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