RESOLUTION DH (96) 604

HUMAN RIGHTS

APPLICATION No. 18737/91

DIAS E COSTA Lda. AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 15 November 1996

at the 576th 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 the report drawn up on 22 February 1995 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 18 June 1991 by the company Dias e Costa Lda. against Portugal (Application No. 18737/91) ;

Whereas on 29 March 1995 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention ;

Whereas in its application, as declared admissible by the Commission on 31 August 1994 (final decision on the admissibility), the applicant company complained of the excessive length of certain civil proceedings ;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention ;

Whereas at the 542nd meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, in a decision adopted on 11 September 1995, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraph 1, of the Convention ;

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 26 May 1995 ;

Whereas at the 549th meeting of the Deputies, the Committee of Ministers held, in a decision adopted on 20 November 1995, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Portugal was to pay the applicant company as just satisfaction, within three months, 585 000 escudos in respect of non-pecuniary damage and 200 000 escudos in respect of costs and expenses, namely a total sum of 785 000 escudos ;

Whereas the Committee of Ministers invited the Government of Portugal to inform it of the measures taken following its decisions of 11 September 1995 and 20 November 1995, 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 Portugal recalled that measures had already been taken to prevent the repetition of the violation found in this case, 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 Resolution DH (94) 76 in the case of Martins da Cunha against Portugal) ;

Whereas the Committee of Ministers satisfied itself that on 25 July 1996, the Government of Portugal paid into a bank account, opened in the name of the company Dias e Costa Lda., the total sum of 785 000 escudos as just satisfaction, as the applicant company did not exist any longer and the former holders were untraceable,

Declares, having taken note of the measures taken by the Government of Portugal, that it has exercised its functions under Article 32 of the Convention in this case ;

Authorises the publi cation of the report adopted by the Commission in this case.