lagen.nu
no. 10202/20

Agárdi and Others v. Hungary

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2020-12-17
ECLI
ECLI:CE:ECHR:2020:1217DEC001020220
Artiklar
6, 6-1, 13, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FIRST SECTION

Application no. 10202/20 Andrásné AGÁRDI and Others against Hungary and 9 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 17 December 2020 as a Committee composed of:

Krzysztof Wojtyczek, President, Linos-Alexandre Sicilianos, Erik Wennerström, 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 the friendly-settlement declarations, signed by the parties, 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 21 January 2021.

Liv Tigerstedt Krzysztof Wojtyczek 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

Year of birth

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]

10202/20

05/02/2020

(12 applicants)

Andrásné AGÁRDI

1945

Lajosné BUSÁNSZKY

1945

István CSÁNKI

1966

Mária CSÁNKI

1967

Tibor Lászlóné LIGETI

1953

Miklós MÉLYKUTI

1970

László MOLNÁR

1971

Pálné SINKA

1936

László VARGA

1959

Mária VARGA

1962

Household

Gabriella SZARVAS

1977

László SZARVAS

1975

Hangyál Edit

Budapest

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

03/11/2020

04/11/2020

5,900

12219/20

27/02/2020

István KIS HORVÁTH

1953

Kiss Balázs

Budapest

02/09/2020

30/10/2020

5,200

12220/20

27/02/2020

István KIS HORVÁTH

1953

Kiss Balázs

Budapest

02/09/2020

30/10/2020

6,500

17392/20

24/03/2020

Tamás DUBICZ

1974

Hangyál Edit

Budapest

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

03/11/2020

04/11/2020

3,900

17415/20

20/03/2020

Erika Piroska LÁSZLÓ

1954

20/10/2020

09/09/2020

5,200

17862/20

08/04/2020

Zoltán ELEKES

1987

Szegedi Zsolt

Nyíregyháza

21/10/2020

28/10/2020

2,000

21158/20

20/05/2020

István MÁRTON

1960

Rajki Márton

Budapest

12/11/2020

29/07/2020

6,500

24265/20

27/05/2020

Szilvia SZABÓ

1973

Juhász Gabriella

Budapest

18/11/2020

08/10/2020

11,700

24519/20

03/06/2020

Ágnes Éva KIS

1956

Bernadett KIS

1986

Karsai Dániel András

Budapest

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

29/10/2020

15/10/2020

16,900

27802/20

19/06/2020

Csilla TÓTHNÉ GÉMES

1966

Szeiler Erika

Budapest

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

18/11/2020

10/11/2020

10,400

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