European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/545.html
Cite as: [2011] ECHR 545
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SECOND SECTION
DECISION
Application no.
11124/08
by Árpád LEDNICZKY
against Hungary
The European Court of Human Rights (Second Section), sitting on 15 March 2011 as a Committee composed of:
Ireneu
Cabral Barreto,
President,
Dragoljub
Popović,
András
Sajó,
judges,
and Françoise Elens-Passos,
Deputy Section Registrar,
Having regard to the above application lodged on 26 February 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The
application was lodged by Mr Árpád Ledniczky, a
Hungarian national who was born in 1941 and lives in Miskolc. He was
represented before the Court by Mr P. Zolnay, a lawyer practising in
Miskolc. The Hungarian Government (“the Government”) were
represented by
Mr L. Höltzl, Agent,
Ministry of Public Administration and Justice.
The applicant complained under Article 6 § 1 of the Convention about the length of criminal proceedings conducted against him.
On 28 and 31 January
2011 the Court received friendly settlement declarations signed by
the parties under which the applicant 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 him
EUR 8,000 (eight thousand euros) to cover any pecuniary and
non-pecuniary damage as well as EUR 100 (one hundred euros) for 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 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 Ireneu
Cabral Barreto
Deputy Registrar President