The Committee of Ministers, under the terms of Article 54 (art. 54)
of the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human Rights in
the Oliveira Neves case, delivered on 25 May 1989 and transmitted the
same day to the Committee of Ministers;
Recalling that the case originated in an application against the
Republic of Portugal lodged with the European Commission on Human
Rights on 11 June 1985 under Article 25 (art. 25) of the Convention by
Mrs Maria de Conceiçao Oliveira Neves, a Portuguese national, who
complained that the length of proceedings instituted against her in a
labour court was not "reasonable" within the meaning of Article 6,
paragraph 1 (art. 6-1), of the Convention;
Recalling that the Commission declared the application admissible on
17 December 1987 and in its report adopted on 15 December 1988
expressed unanimously the opinion that there had been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Recalling that the case was brought before the Court by the Commission
on 16 March 1989;
Whereas in its judgment of 25 May 1989 the Court, having taken formal
note of a friendly settlement reached by the Government of Portugal
and the applicant and having found that there were no reasons of
public policy justifying the continuation of the proceedings, decided
unanimously to strike the case out of its list;
Whereas under the above-mentioned friendly settlement it was agreed
that:
- the applicant would accept the sum of 1 300 000 escudos as
compensation from the Portuguese Government, this sum to constitute
full and final reparation for all the material and non-material damage
alleged in this case and to cover also all the lawyers' fees and other
costs incurred;
- subject to the payment of the aforementioned sum, the applicant
would not proceed with the case pending before the Court and would not
institute any subsequent proceedings in this connection against the
Portuguese State, in the domestic or international courts;
- the aforementioned sum would be paid by the Portuguese Government
immediately following the decision of the European Court of Human
Rights to strike the case out of its list pursuant to Rule 48,
paragraph 2, of the Rules of Court;
Recalling that Rule 48, paragraph 3, of the Court's Rules provides
that the striking out of a case shall be effected by means of a
judgment which the President shall forward to the Committee of
Ministers in order to allow it to supervise, in accordance with
Article 54 (art. 54) of the Convention, the execution of any
undertakings which may have been attached to the discontinuance or
solution of the matter;
Having invited the Government of Portugal to inform it of the measures
taken for the execution of the undertaking attached to the solution of
the case;
Having satisfied itself that the Government of Portugal has paid to
the applicant the sum provided for in the friendly settlement,
Declares that it has exercised its functions under Article 54
(art. 54) of the Convention in this case.