FOURTH SECTION
DECISION
Application no. 9760/19
Eduardo VIEIRA NEVES and Others
against Portugal
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 31 August 2023 as a Committee composed of:
Faris Vehabović, President,
Anja Seibert-Fohr,
Anne Louise Bormann, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 8 February 2019,
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 Ms J. Garcia a lawyer practising in Póvoa de Varzim.
The complaints under Article 8 of the Convention concerning the applicants’ right to respect for their family life were communicated to the Portuguese Government (“the Government”).
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 21 September 2023.
Viktoriya Maradudina Faris Vehabović
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 8 of the Convention
(Child care)
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 jointly to the three applicants
(in euros)[1]
Amount awarded for costs and expenses jointly to the three applicants
(in euros)[2]
9760/19
08/02/2019
(3 applicants)
Eduardo VIEIRA NEVES
1960
Dinis EUSÉBIO MIRANDA NEVES
2016
Cláudia Patrícia EUSÉBIO MIRANDA
1996
Judite Garcia
Póvoa de Varzim
15/03/2023
02/06/2023
9,800
2,500
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.