Search
document

Document text Analytics

OLIVEIRA NEVES CASE

Doc ref: 11612/85 • ECHR ID: 001-55477

Document date: December 14, 1989

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

OLIVEIRA NEVES CASE

Doc ref: 11612/85 • ECHR ID: 001-55477

Document date: December 14, 1989

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54 (art. 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 Oliveira Neves case, delivered on 25 May 1989 and transmitted the

same day to the Committee of Ministers;

Recalling that the case originated in an application against the

Republic of Portugal lodged with the European Commission on Human

Rights on 11 June 1985 under Article 25 (art. 25) of the Convention by

Mrs Maria de Conceiçao Oliveira Neves, a Portuguese national, who

complained that the length of proceedings instituted against her in a

labour court was not "reasonable" within the meaning of Article 6,

paragraph 1 (art. 6-1), of the Convention;

Recalling that the Commission declared the application admissible on

17 December 1987 and in its report adopted on 15 December 1988

expressed unanimously the opinion that there had been a violation of

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

Recalling that the case was brought before the Court by the Commission

on 16 March 1989;

Whereas in its judgment of 25 May 1989 the Court, having taken formal

note of a friendly settlement reached by the Government of Portugal

and the applicant and having found that there were no reasons 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 applicant would accept the sum of 1 300 000 escudos as

compensation from the Portuguese Government, this sum to constitute

full and final reparation for all the material and non-material damage

alleged in this case and to cover also all the lawyers' fees and other

costs incurred;

- subject to the payment of the aforementioned sum, the applicant

would not proceed with the case pending before the Court and would not

institute any subsequent proceedings in this connection against the

Portuguese State, in the domestic or international courts;

- the aforementioned sum would be paid by the Portuguese Government

immediately following the decision of the European Court of Human

Rights to strike the case out of its list pursuant to Rule 48,

paragraph 2, of the Rules of Court;

Recalling that Rule 48, paragraph 3, of the Court's Rules 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 (art. 54) of the Convention, the execution of any

undertakings which may have been attached to the discontinuance or

solution of the matter;

Having invited the Government of Portugal to inform it of the measures

taken for the execution of the undertaking attached to the solution of

the case;

Having satisfied itself that the Government of Portugal has paid to

the applicant the sum provided for in the friendly settlement,

Declares that it has exercised its functions under Article 54

(art. 54) of the Convention in this case.

LEXI

Lexploria AI Legal Assistant