THIRD SECTION
DECISION
Applications nos. 61206/14 and 46561/16
Pedro Guilherme MACHADO PRATA against Portugal
and Manuel DE SOUSA EUSÉBIO against Portugal
(see appended table)
The European Court of Human Rights (Third Section), sitting on 14 November 2019 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the breach of the principle of legal certainty and their right of access to a court were communicated to the Portuguese Government (“the Government”).
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Portugal in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 5 December 2019.
Liv TigerstedtDmitry Dedov
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(Access to higher and constitutional courts)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage per applicant
(in euros)[i]
Amount awarded for costs and expenses per application
(in euros)[ii]
61206/14
28/08/2014
Pedro Guilherme Machado Prata
30/04/1963
Catarina Couto Ferreira
Lisbon
13/09/2019
30/08/2019
3,250
1,500
46561/16
01/08/2016
Manuel De Sousa Eusébio
16/03/1946
Miguel Costa e Silva
Castelo Branco
13/09/2019
16/09/2019
3,250
1,500
[i]. Plus any tax that may be chargeable to the applicants.
[ii]. Plus any tax that may be chargeable to the applicants.
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