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GOTALIMPA, LDA. v. PORTUGAL

Doc ref: 14914/17 • ECHR ID: 001-209268

Document date: March 11, 2021

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GOTALIMPA, LDA. v. PORTUGAL

Doc ref: 14914/17 • ECHR ID: 001-209268

Document date: March 11, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 14914/17 GOTALIMPA, LDA. against Portugal

(s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 11 March 2021 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking , Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 16 February 2017 ,

Having regard to the formal declaration s accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant company ’ s details are set out in the appended table.

The applicant company was represented by Mr L.F. Pereira Mendes, a lawyer practising in Lisbon.

The applicant company ’ s complaints under Articles 6, 8 and 13 of the Convention concerning access by the Tax Authority to the identity and bank information of the recipients of bank cheques issued by the applicant company were communicated to the Portuguese Government (“the Government”) .

The Court received the friendly-settlement declaration , signed by the parties, under which the applicant company 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 it the amount s 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 1 April 2021 .

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article s 6, 8 and 13 of the Convention

Application no. Date of introduction

Applicant ’ s name

Year of registration

Representative ’ s name and location

Date of receipt of Government ’ s declaration

Date of receipt of Applicant company ’ s declaration

Amount awarded for non-pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

14914/17

16/02/2017

GOTALIMPA, LDA.

2008L.F. Pereira Mendes

Lisbon

18/11/2020

0 2/12/2020

2,600

1,500

[1] Plus any tax that may be chargeable to the applicant.

[2] Plus any tax that may be chargeable to the applicant.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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