FOURTH SECTION
DECISION
Application no. 389/19
RAMOS NUNES DE CARVALHO E SÁ and
MORGADO GONÇALVES RIBEIRO against Portugal
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 1 June 2023 as a Committee composed of:
Tim Eicke, President,
Branko Lubarda,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 27 December 2018,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr Fernandes Nogueira, a lawyer practising in Braga.
The applicants’ complaints under Article 10 of the Convention concerning the breach of their right to freedom of expression were communicated to the Portuguese Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants 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 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 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 22 June 2023.
Viktoriya Maradudina Tim Eicke
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 10 of the Convention
(Freedom of expression)
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 jointly for pecuniary damage
(in euros)[1]
Amount awarded jointly for non-pecuniary damage
(in euros)[2]
Amount awarded jointly for costs and expenses
(in euros)[3]
389/19
27/12/2018
Paula Cristina RAMOS NUNES DE CARVALHO E SÁ
1972
João Paulo MORGADO GONÇALVES RIBEIRO
1966
Fernandes Nogueira
Braga
11/04/2023
17/01/2023
10,000
9,750
2,500
[1] Plus any tax that may be chargeable
[2] Plus any tax that may be chargeable to the applicants.
[3] Plus any tax that may be chargeable to the applicants.