The Committee of Ministers, under the terms of Article 32
(art. 32) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the report drawn up by the European
Commission of Human Rights in accordance with Article 31
(art. 31) of the Convention relating to the application lodged
on 6 August 1985 by the company Manuel Mendes Godinho e Filhos
against Portugal (Application No. 11724/85);
Whereas on 7 November 1990 the Commission transmitted the
said report to the Committee of Ministers and whereas the period
of three months provided for in Article 32, paragraph 1
(art. 32-1), of the Convention has elapsed without the case
having been brought before the European Court of Human Rights in
pursuance of Article 48 (art. 48) of the Convention;
Whereas in its application the applicant company complained
of the excessive length of civil proceedings it had instituted
before the Tomar first instance court;
Whereas the Commission declared the application admissible
on 5 February 1990 and in its report adopted on 11 October 1990
expressed unanimously the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention in this
case;
Agreeing with the opinion expressed by the Commission in
accordance with Article 31, paragraph 1 (art. 31-1), of the
Convention;
Having examined the proposals made by the Commission when
transmitting its report concerning just satisfaction for the
applicant company, proposals supplemented by a letter of the
President of the Commission dated 12 September 1991,
Decides, having voted in accordance with the provisions of
Article 32, paragraph 1 (art. 32-1), of the Convention, that
there has been a violation of Article 6, paragraph 1 (art. 6-1),
of the Convention in this case;
Recommends, under Rule 5 of the Rules adopted by the
Committee of Ministers for the application of Article 32
(art. 32) of the Convention, that the Government of Portugal pay
to the applicant company the token sum of one escudo for material
and non-pecuniary damage;
Decides, therefore, that no further action is called for in
this case.
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