Florianne SZALAI and Others v Hungary - 55294/09 [2012] ECHR 962 (22 May 2012)
The Court found the friendly settlement between the parties to be based on respect for human rights and saw no reason to continue examining the application, thus striking the case out of its list.
Source-derived case information.
- Citation
- [2012] ECHR 962
- Parties
- Applicant: Flóriánné Szalai; Applicant: Mr Flórián Szalai; Applicant: Ádám Szalai; Respondent: Hungarian Government
- Jurisdiction
- European Union
- Procedural Posture
- Application to European Court of Human Rights / Decision on Friendly Settlement
- Outcome
- Application struck out of the list pursuant to Article 39 of the Convention.
- Legal Topics
- Length of Civil Proceedings, Article 6 § 1 ECHR, Friendly Settlement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Flóriánné Szalai
Applicant
Mr Flórián Szalai
Applicant
Ádám Szalai
Applicant
Hungarian Government
Respondent
Procedural Posture
Application to European Court of Human Rights / Decision on Friendly Settlement
Legal Issues
- 1 Whether the length of civil proceedings violated Article 6 § 1 of the Convention
- 2 Whether the friendly settlement is consistent with human rights standards
Ratio Decidendi
The Court found the friendly settlement between the parties to be based on respect for human rights and saw no reason to continue examining the application, thus striking the case out of its list.
Court Disposition
Application struck out of the list pursuant to Article 39 of the Convention.
Orders
- Government to pay applicants jointly EUR 12,800 within three months, free of taxes, converted to Hungarian forints at the applicable rate on payment date.
- In case of late payment, simple interest at the ECB marginal lending rate plus three percentage points applies from expiry of the three-month period until settlement.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Florianne SZALAI and Others v Hungary - 55294/09 [2012] ECHR 962 (22 May 2012) URL: https://www.bailii.org/eu/cases/ECHR/2012/962.html Cite as: [2012] ECHR 962 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] SECOND SECTION DECISION Application no. 55294/09 Flóriánné SZALAI and Others against Hungary The European Court of Human Rights (Second Section), sitting on 22 May 2012 as a Committee composed of: Dragoljub Popović, President, András Sajó, Paulo Pinto de Albuquerque, judges, and Françoise Elens-Passos , Deputy Section Registrar , Having regard to the above application lodged on 13 October 2009, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicants, Mr and Mrs Flórián Szalai and Ádám Szalai are Hungarian nationals who live in Budapest and were born in 1952, 1955 and 1991, respectively. They were represented before the Court by Mr Gy. Hartai, a lawyer practising in Budapest. The Hungarian Government (“the Government”) were represented by Mr L. Höltzl, Agent, Ministry of Public Administration and Justice. The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings to which they were parties. On 3 February and 5 April 2012 the Court received 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 this application against an undertaking by the Government to pay them jointly EUR 12,800 (twelve thousand eight hundred euros) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Hungarian forints at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. This amount will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from 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 case. THE LAW 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 its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list. For these reasons, the Court unanimously Decides to strike the application out of its list of cases pursuant to Article 39 of the Convention. Françoise Elens-Passos Dragoljub Popović Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2012/962.html