resolution DH ( 9) 125

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 30 JULY 1998 IN THE CASE OF CLUBE DE FUTEBOL UNIÃO DE COIMBRA

AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 19 February 1999 at the 659th 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 case of Clube de Futebol União de Coimbra delivered on 30 July 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 27295/95) against Portugal, lodged with the European Commission of Human Rights on 21 March 1995 under Article 25 of the Co n vention by the association Clube de Futebol União de Coimbra, and that the Commission declared admissible the complaint regarding the excessive length of certain proceedings concerning civil rights and obligations before the Supreme Administrative Court;

Recalling that the case was brought before the Court by the Commission and the Government of Portugal on 29 October and 1 December 1997 respectively;

Whereas in its judgment of 30 July 1998, the Court after having had taken formal notice of a friendly settlement reached by the Government of the respondent State and the applicant and having had found that there was no reason of public policy justifying the continuation of the proceedings, decided unanmously to strike the case out of its list;

Recalling that according to this friendly settlement the Government of Portugal have agreed to pay the applicant association the sum of 2 500 000 Portuguese escudos in compensation for the loss caused to the applicant association as a result of the delays in the proceedings before the courts. The applicant association has indicated that this amount did not include any compensation which the aforesaid association may claim before the domestic courts in a civil action (see paragraphs 37 to 41 of the judgment);

Recalling that Rule 49, paragraph 3, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter ;

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

Having satisfied itself that on 14 October 1998, the Government of the Portugal paid the a p plicant the sum provided for in the friendly settlement,

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