Final resolution DH (99) 708

HUMAN RIGHTS

APPLICATION No. 31545/96

BISCOITERIA, Lda AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 3 December 1999 at the 688th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (99) 106, adopted on 18 January 1999 in the case of Biscoiteria, Lda against Portugal, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention as a result of the excessive length of certain civil proceedings, and decided to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant company, proposals supplemented by a letter of the President of the Commission dated 18 November 1998;

Whereas at the 659th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 19 February 1999, in accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant company as just satisfaction, within three months, 540 000 Portuguese escudos in respect of non-pecuniary damage and 200 000 Portuguese escudos in respect of costs and expenses, namely a total sum of 740 000 Portuguese escudos, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant company;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 18 January 1999 and 19 February 1999, having regard to Portugal’s obligation under Article 32, paragraph 4, of the Convention to abide by them;

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 adoption of an important reform of the Portuguese judicial system in order to speed up the examination of the cases (see Resolution DH (95) 197 in the Dias das Almas case), and indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 19 May 1999, within the time-limit set, the Government of the respondent State had paid the applicant company the total sum of 740 000 Portuguese escudos as just satisfaction,

Declares, after having taken note of the measures taken by the Government of Portugal, that it has exercised its fun c tions under Article 32 of the Convention in this case.