FOURTH SECTION
DECISION
Application no. 14914/17
GOTALIMPA, LDA.
against Portugal
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 11 March 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 16 February 2017,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant company’s details are set out in the appended table.
The applicant company was represented by Mr L.F. Pereira Mendes, a lawyer practising in Lisbon.
The applicant company’s complaints under Articles 6, 8 and 13 of the Convention concerning access by the Tax Authority to the identity and bank information of the recipients of bank cheques issued by the applicant company were communicated to the Portuguese Government (“the Government”).
The Court received the friendly-settlement declaration, signed by the parties, under which the applicant company agreed to waive any further claims against Portugal in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay it the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 1 April 2021.
Viktoriya MaradudinaArmen Harutyunyan
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Articles 6, 8 and 13 of the Convention
Application no.
Date of introduction
Applicant’s name
Year of registration
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant company’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
14914/17
16/02/2017
GOTALIMPA, LDA.
2008
L.F. Pereira Mendes
Lisbon
18/11/2020
02/12/2020
2,600
1,500
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.
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