lagen.nu
no. 6892/22

Vipler and Others v. Hungary

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2023-12-14
ECLI
ECLI:CE:ECHR:2023:1214DEC000689222
Artiklar
6, 6-1, 39, 13
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FIRST SECTION

Application no. 6892/22 László VIPLER and Others against Hungary and 6 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 14 December 2023 as a Committee composed of:

Krzysztof Wojtyczek , President , Lətif Hüseynov, Ivana Jelić , judges ,

and Attila Teplán, 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 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 18 January 2024.

Attila Teplán 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]

6892/22

25/01/2022

(3 applicants)

Household

László VIPLER

1961

Nóra VIPLER

1994

Melinda VIPLER

1992

Szűcs Péter

Budapest

19/10/2023

30/10/2023

3,900

5660/23

16/01/2023

(8 applicants)

Anna TAPSONYINÉ BÁTORI

1987

László BÁTORI

1996

Emese CSŐKE

1992

Enikő HORVÁTH

1982

Róbert KORNFELD

1979

Mária MOLNÁR

1970

Sándor Józsefné MOLNÁR

1973

József PETROVICS

1953

Kodela Viktor

Budapest

10/10/2023

13/05/2023

9,100

8644/23

15/02/2023

Ernő FARKAS

1993

Szabó Gábor

Göd

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

04/10/2023

16/09/2023

2,600

11991/23

02/09/2022

Alfonz HORVÁTH

1979

Szabó Gábor

Göd

19/09/2023

13/05/2023

2,600

20795/23

12/05/2023

Zoltán VERBÓI

1976

Frank Evelyn

Budapest

25/10/2023

04/10/2023

9,100

20800/23

18/05/2023

Szabolcs VERBÓI

1979

Frank Evelyn

Budapest

25/10/2023

04/10/2023

9,100

20801/23

18/05/2023

János Lászlo VERBÓI

1950

Frank Evelyn

Budapest

25/10/2023

04/10/2023

9,100

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