GUINCHO CASE

Doc ref: 8990/80 • ECHR ID: 001-55425

Document date: January 25, 1985

Doc ref: 8990/80 • ECHR ID: 001-55425

Document date: January 25, 1985

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 "Guincho" case, delivered on 10 July 1984 and transmitted the same

day to the Committee of Ministers;

Recalling that the case had its origin in an application against

Portugal lodged with the European Commission of Human Rights under

Article 25 (art. 25) of the convention by a Portuguese national,

Mr Manuel dos Santos Guincho, complaining of the length of the civil

proceedings he had instituted in December 1978 in the regional court,

relying on Article 6, paragraph 1 (art. 6-1), of the convention;

Recalling that this case had been brought before the Court by the

European Commission of Human Rights and by the Government of Portugal;

Whereas in its judgment of 10 July 1984 the Court unanimously:

- Holds that there has been a breach of Article 6, paragraph 1

(art. 6-1),

- Holds that the respondent state is to pay the applicant one hundred

and fifty thousand (150 000) Escudos under Article 50 (art. 50);

Having regard to the "Rules concerning the application of Article 54

(art. 54) of the convention";

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

which had been taken in consequence of the judgment, having regard to

its obligations under Article 53 (art. 53) of the convention to abide

by the judgment;

Whereas, during the examination of this case by the Committee of

Ministers, the Government of Portugal informed the Committee of the

measures taken in consequence of the judgment;

Having satisfied itself that the Government of Portugal has paid to

the applicant the sum, under Article 50 (art. 50) of the convention,

provided for in the judgment of the Court of 10 July 1984,

Declares that it has exercised its function under Article 54 (art. 54)

of the convention in this case.

Lexploria AI Legal Assistant