Resolution ResDH (2003)20 concerning the judgment of the European Court of Human Rights of 18 May 2000 (final on 18 August 2000) in the case of Fertiladour S.A. against Portugal

(Adopted by the Committee of Ministers on 24 February 2003 at the 827th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Fertiladour S.A. case delivered on 18 May 2000 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Co nvention;

Recalling that the case originated in an application (No. 36668/97) against Portugal, lodged with the European Commission of Human Rights on 11 June 1997 under former Article 25 of the Convention by a company established under French Law, Fertiladour – Société Industrielle et Agricole de l’Adour S.A., and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain civil proceedings;

Whereas in its judgment of 18 May 2000 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay the applicant company, within three months from the date at which the judgment became final, 1 500 000 Portuguese escudos in respect of non-pecuniary damage, 250 000 Portuguese escudos in respect of costs and expenses and that simple interest at an annual rate of 7% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s claim for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 18 May 2000, having regard to Portugal’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Court’s judgment had been sent out to the authorities directly concerned and that the question of the length of judicial proceedings was being examined in order to verify that such proceedings can be concluded within a reasonable time;

Having satisfied itself that on 20 December 2000, after the expiry of the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 18 May 2000, as well as the default interest due,

Declares, after having taken note of the information supplied by the Government of Portugal, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.