The Committee of Ministers, under the terms of Article 54 (art. 54) of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human Rights in the case
of Unión Alimentaria Sanders S.A. delivered on 7 July 1989 and transmitted the
same day to the Committee of Ministers;
Recalling that the case originated in an application against Spain lodged with
the European Commission of Human Rights on 5 July 1985 under Article 25
(art. 25) of the Convention by a Spanish company, Unión Alimentaria
Sanders S.A., who complained of the length of civil proceedings it had
instituted;
Recalling that the case was brought before the Court by the Commission
on 19 December 1988 and by the Government of Spain on 20 January 1989;
Whereas in its judgment of 7 July 1989 the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1
(art. 6-1), of the Convention;
- held that the respondent state was to pay Unión Alimentaria
Sanders S.A. 1 500 000 pesetas in respect of pecuniary damage and 220 171
pesetas in respect of costs and expenses;
- rejected the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the
application of Article 54 (art. 54) of the Convention;
Having invited the Goverment of Spain to inform it of the measures which had
been taken in consequence of the judgment of 7 July 1989, having regard to its
obligation under Article 53 (art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee of Ministers, the
Government of Spain gave the Committee information about the measures taken in
consequence of the judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of Spain has paid the applicant
company the sums provided for in the judgment,
Declares, after having taken note of the information supplied by the Government
of Spain, that it has exercised its functions under Article 54 (art. 54) of the
Convention in this case.
Appendix to Resolution DH (90) 40
Information provided by the Government of Spain during the examination
of the case of Unión Alimentaria Sanders S.A. by the Committee of Ministers
The new Act on the territorial organisation of the judicial system (ley de
demarcación y de planta judicial) of 28 December 1988 completely reorganised
judicial districts and redefined the territorial jurisdiction of the courts.
It will be implemented in stages between 1989 and 1992 and will entail in
particular the creation of 1 570 new judicial posts.
The Royal Decree issued by the Ministry of Justice on 3 February 1989,
concerning measures for the effectiveness of the Act of 28 December 1988,
provides for new posts of judges, clerks of court and administrative officers
as well as for the creation of a number of new courts.
The Royal Decree of 21 July 1989 provides for the creation of criminal courts of
first instance, the Royal Decree of 17 November 1989 for the creation of civil
courts of first instance and investigation courts. The Royal Decree of
25 May 1989 provides for the creation of single-judge courts, social courts and
juvenile courts.
Each of the Spanish autonomous communities has promulgated an Act laying down
the capitals of judicial districts and the judicial districts.
The various measures described above must be seen in the general light of a
considerable increase in the Ministry of Justice's budget in Spain. From 1982
to 1990 the appropriations for the administration of justice (staff
remuneration, goods and services, investments, etc.) increased in real terms by
132 % and the appropriations for legal aid by 268 %. Furthermore, since 1982
the total number of judges, prosecutors, clerks of court and administrative
staff, taken all together, has increased by 85 %. Finally, between
January 1983 and October 1990, 600 new courts were created, that is an
average of more than six new courts per month.
The sums awarded to the applicant company by the Court were paid on
16 July 1990.
Full & Egal Universal Law Academy