Resolution ResDH (2003)19 concerning the judgment of the European Court of Human Rights of 18 April 2002 (final on 18 July 2002) in the case of Fernandes 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 Fernandes case delivered on 18 April 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 47459/99) against Portugal, lodged with the European Court of Human Rights on 4 February 1999 under Article 34 of the Convention by Mr João Fernandes , a Portuguese national, and that the Court declared admissible the complaint concerning the excessive length of certain civil proceedings;

Whereas in its judgment of 18 April 2002 the Court unanimously:

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

- dismissed 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 April 2002, having regard to Portugal’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Noting with satisfaction that, as regards the applicant’s individual situation, the proceedings which were pending before the national courts when the European Court delivered its judgment, were brought to an end by a judgment of the 4th Civil Chamber of the Court of Loures on 14 October 2002;

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;

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.