Resolution ResDH (2002)125 concerning the judgment of the European Court of Human Rights of 28 June 2001 (final on 28 September 2001) in the case of Maillard Bous against Portugal

(Adopted by the Committee of Ministers on 21 October 2002 at the 810th 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 Maillard Bous case delivered on 28 June 2001 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. 41288/98) against Portugal, lodged with the European Commission of Human Rights on 18 March 1998 under former Article 25 of the Convention by Ms Anne-Marie Maillard Bous , a French national, and that the Court, seized 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 28 June 2001 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, within three months from the date at which the judgment became final, 1 500 000 Portuguese escudos in respect of non-pecuniary damage and that simple interest at an annual rate of 7% would be payable on this sum 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 28 June 2001, 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 24 January 2002, after expiry of the time-limit set, the government of the respondent state had paid the applicant the sum provided for in the judgment of 28 June 2001, as well as the default interest due, that is 34,44 euros,

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.