Information Note on the Court’s case-law 22
September 2000
F. Santos, Lda. and Marie José Fachadas v. Portugal (dec.) - 49020/99
Decision 19.9.2000 [Section IV]
Article 34
Victim
Applicant not a party to the proceedings of which he complains but only associated to the limited liability company involved in the proceedings: partly inadmissible
The first applicant is a limited liability company and the second applicant a shareholder in it. In 1990 the first applicant brought an action in damages against one of its shareholders in the Santiago do Caécem Court of First Instance. It sought reimbursement of amounts the defendant had allegedly received on behalf of the company but had not paid over to it. The proceedings are still pending.
Communicated under Article 6 § 1 as regards the first applicant’s complaint.
Inadmissible under Article 6 § 1 as regards the second applicant’s complaint, since she was not a party to the proceedings in issue which concerned only the first applicant. Accordingly, she could not complain about the length of proceedings to which she was not a party, despite the fact that she was a shareholder in the first applicant: incompatible ratione materiae.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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