Resolution CM/ResDH(2013)31[1]
Superwood Holdings plc against Ireland
Execution of the judgment of the European Court of Human Rights
(Application No. 7812/04, judgment of 8 September 2011, final on 8 December 2011)
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 judgment transmitted by the Court to the Committee in the above case and to the violation established (see document DH-DD(2012)663E);
Recalling that the respondent State’s obligation under Article 46, paragraph 1, of the Convention to abide to 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 invited the government of the respondent State to inform the Committee of the measures taken to comply with its above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2012)663E);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
Action Report
Superwood v. Ireland
Application no 7812/2004, judgment of 8 September 2011
Case Description
In its judgment delivered on 8 September 2011 the Court held that there had been a violation of the reasonable time requirement of Article 6(1) of the Convention as regards civil proceedings concerning the applicant companies.
Individual Measures
Payment of just satisfaction
The Court directed the Respondent to pay the applicant companies, within three months of the date of the judgment, €3,800 inclusive of VAT plus any other tax that may be chargeable, in respect of costs and expenses of the Convention proceedings. The just satisfaction was paid, and an acknowledgment received, in October 2011.
Taxation of costs
At paragraph 29 of its judgment the Court referred to the fact that issues regarding the taxation of costs remained outstanding. This refers to an appeal by the applicants filed in 2006 following an order of the High Court regarding security for costs. Correspondence was sent to the applicants in 2009 requesting an update of the position and an indication of what steps would be taken to progress the matter. No reply was received. In such circumstances it is submitted that there are no outstanding issues in relation to this litigation.
General Measures
Publication and dissemination
The Department of Justice and Equality, responsible for oversight of the Courts system, is fully aware of the judgment. The judgment has been published and a link to the judgment is available on the Department of Justice and Equality website and the Department of Foreign Affairs and Trade website at:
The judgment was laid before Dáil Éireann (the House of Representatives) and Seanad Éireann (the Senate) on 20 September 2011.
Ireland has already adopted a range of measures to address delays in the Irish Courts. The Committee has been made aware of these measures in its supervision of the implementation of following judgments: Doran, application no 50389/99; McMullen, application 42297/98; O’Reilly and others application no 54725/00; and Barry application no 18273/04. At its meeting in December last year the Committee closed its consideration of these cases on the basis of the information supplied.
Conclusion
Ireland is of the opinion that the issue of execution of the Court’s judgment as regards individual measures and general measures is properly addressed and the case can be closed.
[1] Adopted by the Committee of Ministers on 7 March 2013 at the 1164th meeting of the Ministers’ Deputies.
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