FOURTH SECTION
DECISION
Application no. 10462/23
Yahima MENÉNDEZ RAMIRÉZ
against Portugal
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 27 February 2025 as a Committee composed of:
Anne Louise Bormann, President,
Sebastian Răduleţu,
András Jakab, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 1 March 2023,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr P. Graça, a lawyer practising in Lisbon.
The applicant’s complaint under Article 6 § 1 of the Convention concerning the lack of access to court owing to the rejection of her request to be exempted from paying costs and expenses before the Court of Arbitration for Sport in Lisbon (CAS) was communicated to the Portuguese Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant 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 her 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 20 March 2025.
Viktoriya Maradudina Anne Louise Bormann
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(Access to a court)
Application no.
Date of introduction
Applicant’s name
Year 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 (in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
10462/23
01/03/2023
Yahima MENÉNDEZ RAMIRÉZ
1979
Paulo Graça
Lisbon
06/12/2024
07/10/2024
7,800
2,500
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.