Resolution ResDH(2002)90
concerning the judgment of the European Court of Human Rights
of 8 June 1999, final on 8 September 1999
in the case of Nunes Violante against Portugal
(Adopted by the Committee of Ministers on 22 July 2002
at the 803rd meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the Nunes Violante case delivered on 8 June 1999 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;
Recalling that the case originated in an application (No. 33953/96) against Portugal, lodged with the European Commission of Human Rights on 15 November 1996 under former Article 25 of the Convention by Mr António Nunes Violante, a Portuguese national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain proceedings concerning the payment of a sum by a trade–union pension fund in respect of an industrial injury;
Whereas in its judgment of 8 June 1999 the Court, unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 800 000 Portuguese escudos in respect of non-pecuniary damage, 200 000 Portuguese escudos in respect of costs and expenses and that simple interest at an annual rate of 7% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicant’s claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 8 June 1999, having regard to Portugal’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, notably through the adoption of an important reform of the Portuguese judicial system in order to speed up the examination of cases (see Resolution DH(95)197 in the Dias das Almas case), and indicated that the Court’s judgment had been published and sent out to the authorities directly concerned;
Noting with satisfaction that, as regards the applicants’ individual situation, the government of the respondent state, in order to speed up the proceedings which were pending before the national courts by the time the judgment of the European Court was delivered has resolved the case by reaching a friendly settlement with the applicant party;
Having satisfied itself that on 23 September 1999, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 8 June 1999,
Declares, after having taken note of the information supplied by the Government of Portugal, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
Full & Egal Universal Law Academy