CASE OF ALBERTINA CARVALHO E FILHOS LDA AGAINST PORTUGAL AND 9 OTHER CASES

Avrupa İnsan Hakları Mahkemesi

Karar Metni

Resolution CM/ResDH(2018)466
Execution of the judgments of the European Court of Human Rights
Ten cases against Portugal

(Adopted by the Committee of Ministers on 6 December 2018 at the 1331st meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

23603/14

ALBERTINA CARVALHO E FILHOS LDA

04/07/2017

5190/14

LEONG POY

08/12/2015

28041/13

APARECIDA DE OLIVEIRA NABOR

05/04/2016

70692/13

AUSTIN AND BUDIARTINI

25/07/2017

75415/13

CARNEIRO DA SILVA

14/03/2017

69062/13

CUNHA MARTINS DA SILVA COUTO

28/02/2017

62252/12

ESCALDA FERREIRA

12/01/2016

8349/13

FREITAS

12/01/2016

63582/13

NUNES LUCAS SARAIVA

04/10/2016

39507/13

VEIGA DA SILVA BRAGA

26/07/2016

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations of Article 6, paragraph 1, of the Convention due to the excessive length of civil proceedings and enforcement proceedings before the courts of first instance; having regard also to the violations of Article 13 in the cases of Aparecida de Oliveira Nabor, Nunes Lucas Saraiva and Carneiro da Silva due to the lack of an effective remedy, before 2014, to obtain redress for the excessive length of court proceedings;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures preventing similar violations;

Having examined the information regularly provided by the government indicating the individual measures adopted in order to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court;

Considering that the question of individual measures has been resolved in these cases, given that the just satisfaction, when awarded by the Court, was paid to the applicants and that the domestic proceedings at issue were concluded either before or after the judgments of the Court;

Underlining that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures in relation to the excessive length of civil proceedings and enforcement proceedings before the courts of first instance, to be pursued in the framework of the cases of the Vicente Cardoso group;

Recalling that the questions related to the absence of an effective remedy to obtain redress for the excessive length of court proceedings in Portugal were examined in the context of the supervision of the Martins Castro and Alves Correia de Castro group of cases (Final Resolution CM/ResDH(2016)98);

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.

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