Resolution ResDH(2001)17 concerning the judgment of the European Court of Human Rights of 6 April 2000 in the case of Comingersoll S.A. against Portugal

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st 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 final judgment of the European Court of Human Rights in the Comingersoll S.A. case delivered on 6 April 2000 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 35382/97) against Portugal, lodged with the European Commission of Human Rights on 7 February 1997 under former Article 25 of the Convention by a company formed under Portuguese law, Comingersoll – Comércio e Indústria de Equipamentos S.A, 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 6 April 2000 the Court unanimously:

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

- held that the respondent State was to pay the applicant company, within three months, 1 500 000 Portuguese escudos in respect of 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 company'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 6 April 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 recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, notably through the reorganisation of the Portuguese court system introduced by the Act of 20 August 1992 (No. 24/92), as implemented by the Decree of 15 September 1993 (No. 312/93) and by the Legislative Decree of 17 June 1994 (No. 222/94) (see Resolution DH (94) 71 in the case of Gama Cidrais against Portugal), and indicated that the Court's judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 5 July 2000, within the time-limit set, the Government of the respondent State paid the applicant company the sum provided for in the judgment of 6 April 2000,

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.