resolution DH (99) 253

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 21 APRIL 1998 IN THE CASE OF ESTIMA JORGE AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 15 April 1999 at the 666th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Estima Jorge case delivered on 21 April 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 24550/94) against Portugal, lodged with the European Commission of Human Rights on 27 October 1993 under Article 25 of the Co n vention by Ms Amélia Alves Estima Jorge , a Portuguese national, and that the Commission declared admissible the complaint relating to the excessive length of certain enforcement proceedings brought before the Lisbon Court of first instance on 27 November 1981;

Recalling that the case was brought before the Court by the Commission on 22 January 1997 and by the Government of the Republic of Portugal on 3 April 1997;

Whereas in its judgment of 21 April 1998 the Court:

- held, unanimously, that Article 6, paragraph 1, of the Convention, was applicable to the proceedings in issue and had been violated ;

- held, by seven votes to two, that the Government of the respondent State was to pay the applicant, within three months, 1 000 000 Portuguese Escudos in respect of pecuniary damage;

- held, unanimously, that the Government of the respondent State was to pay the applicant, within three months 1 000 000 Portuguese escudos in respect of non-pecuniary damage and 200 000 Portuguese Escudos in respect of costs and expenses;

- held, unanimously, that simple interest at an annual rate of 10 % would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed, by eight votes to one, the remainder of the claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Art i cle 54 of the Convention;

Having invited the Government of the respondent State to inform it of the mea s ures which had been taken in consequence of the judgment of 21 April 1998, having regard to Portugal’s obligation under Article 53 of the Conve n tion to abide by it;

Whereas, during the examination of the case by the Committee of Ministers, the Government of the respondent State accordingly indicated that the Court's judgment had been published in the bulletin of the documentation on comparative law and sent out to the authorities directly concerned;

Having satisfied itself that on 14 July 1998, within the time-limit set, the Government of the respondent State paid the a p plicant the sum provided for in the judgment of 21 April 1998,

Declares, after having taken note of the information supplied by the Government of Portugal, that it has exe r cised its functions under Article 54 of the Convention in this case.