European Court of Human Rights

SECOND SECTION

DECISION

Application no. 46785/07
by KOMÉTA 99 ZRT.
against Hungary

The European Court of Human Rights (Second Section), sitting on
9 November 2010 as a Committee composed of:

Dragoljub Popović, President,
András Sajó,
Kristina Pardalos, judges,
and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above application lodged on 25 October 2007,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

PROCEDURE

The application was lodged by Kométa 99 Zrt., a privately held company limited by shares registered in Hungary with its seat in Kaposvár. It was represented before the Court by Ms Klára Németi, a lawyer practising in Kaposvár. The Hungarian Government (“the Government”) were represented by Mr L. Höltzl, Agent, Ministry of Justice and Public Administration.

The applicant company complained under Article 6 § 1 of the Convention about the length of civil proceedings to which it was a party.

On 1 August and 14 September 2010 the Court received friendly settlement declarations signed by the parties under which the applicant company 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 the applicant EUR 11,200 (eleven thousand two 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. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the Convention. 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).

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.

Françoise Elens-Passos Dragoljub Popović
Deputy Registrar President