European Court of Human Rights

Resolution CM/ResDH(2010)148¹

Execution of the judgment of the European Court of Human Rights

1 case concerning the excessive length of certain proceedings before the civil courts

Almeida do Couto against Portugal

(Application No. 48233/99, judgment of 30 May 2002, friendly settlement)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the admissible complaint in this case concerned the excessive length of certain proceedings before the civil courts;

Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under this friendly settlement it was agreed that the government of the respondent state would pay the applicant the sum of 4,000 euros for non pecuniary damages, as well as 1,250 euros for costs and expenses, within three months as from the delivery of the judgment;

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 25 August 2003 the government of the respondent state paid the applicant the sums provided for in the friendly settlement, in conditions that seem to be accepted by the applicant and that no other measure was required in this case to comply with the Court’s judgment;

Recalling that, as regard the applicant’s complaint declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court finding a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of proceedings before the Portuguese civil courts;

Whereas, in this connection, the Portuguese authorities informed the Committee of Ministers that they have already adopted a number of general measures in order to put to an end to the problem of excessive length of judicial proceedings and that they envisaged further measures to this effect (see Interim Resolutions CM/ResDH(2007)108 and CM/ResDH(2010)34).

Having examined the information supplied by the government of Portugal,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and DECIDES to close its examination.