Information Note on the Court’s case-law No.
April 1998
Estima Jorge v. Portugal - 24550/94
Judgment 21.4.1998
Article 6
Civil proceedings
Article 6-1
Reasonable time
Length of enforcement proceedings: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 1 OF THE CONVENTION
A.Applicability of Article 6 § 1
Recapitulation of Court’s case-law.
Proceedings in issue did not concern a judgment, but a notarial deed providing security for a specific debt – irrespective of whether authority to execute took the form of a judgment or a notarial deed, Portuguese law provided that it was to be enforced through courts, procedure to be followed being same in each case – that procedure had been decisive for effective exercise of applicant’s right.
Conclusion: applicability (unanimously).
B.Compliance with Article 6 § 1
1.Period to be taken into consideration
Starting-point: institution of proceedings in Lisbon Court of First Instance.
End: payment of an amount to applicant.
Total: thirteen years.
2.Reasonableness of length of proceedings
Competent authorities had been responsible for number of delays – above all, in light of circumstances of case, to be assessed as a whole, Court considered that period of thirteen years to obtain final decision on basis of an authority to execute could not be said to have been reasonable.
Conclusion: violation (unanimously).
II.ARTICLE 50 OF THE CONVENTION
A.Damage
Pecuniary damage: sum awarded on an equitable basis (seven votes to two).
Non-pecuniary damage: award of amount claimed (unanimously).
B.Costs and expenses: reimbursement on an equitable basis.
Conclusion: respondent State to pay applicant specified sums.
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This summary by the Registry does not bind the Court.
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