THIRD SECTION

DECISION

Application no. 25180/16 António José GOMES DA SILVA against Portugal

(s ee appended table)

The European Court of Human Rights (Third Section), sitting on 14 November 2019 as a Committee composed of:

Dmitry Dedov, President, Alena Poláčková, Gilberto Felici, judges, and Liv Tigerstedt, Acting De puty Section Registrar ,

Having regard to the above application lodged on 26 April 2016 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicant was represented by Mr A.A. da Cruz Tinoco, a lawyer practising in Porto.

The applicant ’ s complaints under Article 2 of the Convention concerning an alleged medical negligence resulting in his father ’ s death were communicated to the Portuguese Government (“the Government”) .

The Court received the friendly-settlement declaration under which the applicant 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 him 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 5 December 2019 .

Liv Tigerstedt Dmitry Dedov Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 2 of the Convention

( Medical negligence )

Application no. Date of introduction

Applicant ’ s name

Date 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

(in euros) [i]

Amount awarded for costs and expenses

(in euros) [ii]

25180/16

26/04/2016

António José Gomes da Silva

16/05/1961

Augusto Abílio Da Cruz Tinoco

Porto

13/09/2019

19/06/2019

32,500

2,500

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

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