FIRST SECTION
DECISION
Application no. 20186/13
Maria Cidália RODRIGUES DE FREITAS and others
against Portugal
The European Court of Human Rights (First Section), sitting on 7 April 2015 as a Committee composed of:
Mirjana Lazarova Trajkovska, President,
Paulo Pinto de Albuquerque,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 15 March 2013,
Having regard to the declaration submitted by the respondent Government on 7 October 2014 requesting the Court to strike the application out of the list of cases and the applicants’ reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix. They were represented before the Court by Ms A. Gonçalves, a lawyer practising in Leiria.
The Portuguese Government (“the Government”) were represented by their Agent, Mrs M. F. da Graça Carvalho, Deputy Attorney-General.
The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings to which they were a party.
The application was communicated to the Government.
After unsuccessful friendly-settlement negotiations, by letter dated 7 October 2014 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.
They acknowledged a violation of the applicants’ rights guaranteed by Article 6 § 1 of the Convention. They undertook to pay each applicant EUR 13,000 (thirteen thousand euros) to cover any non-pecuniary damage and to jointly pay them EUR 1,000 (one thousand euros) to cover costs and expenses, which will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from 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. They further requested the Court to strike out the application.
On 12 February 2015, the Court received a letter from the applicants informing the Court that they had agreed to the terms of the Government’s declaration.
THE LAW
The Court finds that following the applicants’ express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
It therefore 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 its Protocols 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 pursuant to Article 39 of the Convention.
Done in English and notified in writing on 30 April 2015.
André WampachMirjana Lazarova Trajkovska
Deputy RegistrarPresident
Appendix
No.
First name LAST NAME
Birth date
Place of residence
Maria Cidália RODRIGUES DE FREITAS
09/12/1962
Funchal, Madeira
Assunção DE NÓBREGA GOUVEIA
15/08/1952
Caniço, Madeira
Teresa Sofia NÓBREGA GOUVEIA
15/10/1976
Caniço, Madeira
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