Information Note on the Court’s case-law No.
March 1994
Silva Pontes v. Portugal - 14940/89
Judgment 23.3.1994
Article 6
Article 6-1
Reasonable time
Length of civil proceedings for damages: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 1 OF THE CONVENTION
A.Government's preliminary objection (belatedness of the application)
Enforcement proceedings were to be regarded as second stage of the declaratory proceedings - out-of-court settlement which concluded the former denoted final domestic decision.
Conclusion: objection dismissed (unanimously).
B.Merits of the complaint
1.Applicability
Applicability of Article 6 § 1 to first stage of the proceedings not disputed; also applied to second stage.
Conclusion: applicable (unanimously).
2.Compliance with Article 6 § 1
(a)Period to be taken into consideration
Starting-point: date of entry into force of Convention with regard to Portugal.
End: date of conclusion of out-of-court settlement.
Total: eleven years and one month.
(b)Reasonableness of the length of the proceedings
Declaratory proceedings: no reason to depart from considerations set forth in Martins Moreira judgment.
Enforcement proceedings: unnecessary to examine them in detail.
Conclusion: violation (eight votes to one).- iv -
II.ARTICLE 50 OF THE CONVENTION
A.Damage
Fact that applicant accepted out-of-court settlement not decisive as it concerned consequences of road accident and not those of failure to comply with reasonable time requirement - regard being had to Court's approach in Martins Moreira and to various relevant factors, amount awarded for pecuniary and non-pecuniary damage.
B.Costs and expenses
Costs incurred in national courts and before Convention institutions: reimbursed in light of assessment on equitable basis.
Conclusion: respondent State to pay specified sums to the applicant (eight votes to one).
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This summary by the Registry does not bind the Court.
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