Comité de filtrage /Screening Panel

AFFAIRE WETTERGREN ET WESSMAN c. PORTUGAL

CASE OF WETTERGREN AND WESSMAN v. PORTUGAL

( 75 / 1998 / 978 / 1193 )

DECISION

STRASBOURG

6 octobre/October 1998

In the case of Wettergren and Wessman v. Portugal [1] ,

The Screening Panel of the European Court of Human Rights, constituted in accordance with Article 48 § 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) and Rule 26 of Rules of Court B [2] ,

Sitting in private at Strasbourg on 25 September 1998, and composed of the following judges:

Mr A.N. Loizou , Chairman , Mr J.M. Morenilla , Mr M.A. Lopes Rocha , and also of Mr H. Petzold , Registrar ,

Having regard to the application against the Republic of Portugal lodged with the Court on 23 July 1998 by two Swedish nationals, Mr Mats Wettergren and Mrs Anna-Lena Wessman , within the three-month period laid down by Article 32 § 1 and Article 47 of the Convention;

Whereas Portugal has recognised the compulsory jurisdiction of the Court (Article 46 of the Convention) and ratified Protocol No. 9 to the Convention, Article 5 of which amends Article 48 of the Convention so as to enable a person, non-governmental organisation or group of individuals having lodged a complaint with the European Commission of Human Rights (“the Commission”) to refer the case to the Court;

Noting that the present case has not been referred to the Court by the Government of the respondent State or that of the Contracting State of which the applicant is a national or the Commission under Article 48 § 1 (a) , (b) or (d) of the Convention;

Having regard to the Commission’s report of 20 May 1998 on the application (no. 27329/95 ) lodged with the Commission by Mr Wettergren and Mrs Wessman on 6 June 1994 ;

Whereas the applicant s complained of the length of proceedings in the Portuguese civil courts, to which they are parties, and alleged a breach of Article 6 § 1 of the Convention, under which “In the determination of his civil rights and obligations …, everyone is entitled to a … hearing within a reasonable time by [a] … tribunal…”;

Whereas the applicant s , in specifying the object of their application, as required by Rule 34 § 1 (a) of Rules of Court B, (a) asked the Court to hold that there had been a breach of Article 6 § 1 of the Convention and to award them just satisfaction under Article 50 in the form of compensation for the pecuniary and non-pecuniary damage they had allegedly sustained on account of the length of the proceedings and reimbursement of the costs and expenses they had incurred before the Portuguese courts and the Convention institutions, and (b) stated that they sought a decision by the Court because the circumstances of the case raised problems of interpretation of Article 6 § 1 of the Convention;

Having regard to Article 48 of the Convention and Rule 34 §§ 1 (a), 3 and 4 of Rules of Court B,

1 . Finds that

(a) the case raises no serious question affecting the interpretation or application of the Convention, as the Court has already established case-law on the “reasonable time” requirement in Article 6 § 1 of the Convention; and

(b) the case does not, for any other reason, warrant consideration by the Court as, in the event of a finding that there has been a breach of the Convention, the Committee of Ministers of the Council of Europe can award the applicant s just satisfaction, having regard to any proposals made by the Commission;

2 . Decides , therefore, unanimously, that the case will not be considered by the Court.

Done in English and in French, and notified in writing on 6 October 1998 pursuant to Rule 34 § 4 of Rules of Court B.

Signed : Andreas Nicolas Loizou

Chairman

Signed : Herbert Petzold

Registrar

[1] Notes by the Registrar

. The case is numbered 75 / 1998 / 978 / 1193 . The first number is the case’s position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case’s position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.

[2] . Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning States bound by Protocol No. 9.