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MENDES GODINHO E FILHOS AGAINST PORTUGAL

Doc ref: 11724/85 • ECHR ID: 001-49318

Document date: December 13, 1991

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 0

MENDES GODINHO E FILHOS AGAINST PORTUGAL

Doc ref: 11724/85 • ECHR ID: 001-49318

Document date: December 13, 1991

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32

(art. 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 by the European

Commission of Human Rights in accordance with Article 31

(art. 31) of the Convention relating to the application lodged

on 6 August 1985 by the company Manuel Mendes Godinho e Filhos

against Portugal (Application No. 11724/85);

Whereas on 7 November 1990 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

(art. 32-1), of the Convention has elapsed without the case

having been brought before the European Court of Human Rights in

pursuance of Article 48 (art. 48) of the Convention;

Whereas in its application the applicant company complained

of the excessive length of civil proceedings it had instituted

before the Tomar first instance court;

Whereas the Commission declared the application admissible

on 5 February 1990 and in its report adopted on 11 October 1990

expressed unanimously the opinion that there had been a violation

of Article 6, paragraph 1 (art. 6-1), of the Convention in this

case;

Agreeing with the opinion expressed by the Commission in

accordance with Article 31, paragraph 1 (art. 31-1), of the

Convention;

Having examined the proposals made by the Commission when

transmitting its report concerning just satisfaction for the

applicant company, proposals supplemented by a letter of the

President of the Commission dated 12 September 1991,

Decides, having voted in accordance with the provisions of

Article 32, paragraph 1 (art. 32-1), of the Convention, that

there has been a violation of Article 6, paragraph 1 (art. 6-1),

of the Convention in this case;

Recommends, under Rule 5 of the Rules adopted by the

Committee of Ministers for the application of Article 32

(art. 32) of the Convention, that the Government of Portugal pay

to the applicant company the token sum of one escudo for material

and non-pecuniary damage;

Decides, therefore, that no further action is called for in

this case.

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