RESOLUTION DH (99) 675

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 22 JULY 1999 IN THE CASE OF ERI - ESTUDOS E REALIZAÇÕES IMOBILIÁRIAS, LDA (ERI, LDA) AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 8 October 1999 at the 680th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 46 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 Eri - Estudos e realizações Imobiliárias, Lda case delivered on 22 July 1999 and transmitted under Article 46, paragraph 2, of the Convention to the Committee of Ministers for supervision of its execution (see Rule 44, paragraph 2 of the Rules of the European Court of Human Rights);

Recalling that the case originated in an application (No. 31823/96) against Portugal, lodged with the European Commission of Human Rights on 20 March 1996 under previous Article 25 of the Convention by the company Eri, Lda which is situated in Braga (Portugal), and that the Commission declared admissible the complaint concerning the excessive length of several sets of civil proceedings in which the matter at issue was the ownership of several pieces of land and the damages caused by the occupation of this land;

Recalling that the case was brought before the Court by the applicant company on 3 February 1999, under Protocol No. 9;

Whereas in its judgment of 22 July 1999 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent State and the applicant company, and having found no reason of public policy justifying the continuation of the proceedings, decided, unanimously, to strike the case out of its list;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Portugal would pay to the applicant company the sum of 2 500 000 Portuguese escudos;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of the previous Article 54 of the Convention which are, for the time being, applicable by analogy to cases transmitted to it under Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 11 March 1999 the Government of the respondent State had paid the applicant the sum provided for in the friendly settlement;

Considering that the implementation of the present judgment does not necessitate further measures to be taken by the Government of the respondent State,

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.