FOURTH SECTION

DECISION

Applications nos. 44328/18 and 25234/21 Alda Maria ALVES FERREIRA against Portugal and Maria Angela PEREIRA GOMES DA COSTA TORRES and Others against Portugal

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 31 august 2023 as a Committee composed of:

Faris Vehabović , President , Anja Seibert-Fohr, Anne Louise Bormann , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the dates indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Portuguese Government (“the Government”). Complaints based on the same facts were also communicated under another Convention provision (for further details see appended table).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Portugal in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 21 September 2023.

Viktoriya Maradudina Faris Vehabović Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Other complaints under well-established case-law

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

44328/18

10/09/2018

Alda Maria ALVES FERREIRA

1959

19/06/2023

09/02/2023

22,000

-

25234/21

10/05/2021

(3 applicants)

Maria Ângela PEREIRA GOMES DA COSTA TORRES

1957Andreia Cláudia DA COSTA TORRES

1982Daniela Maria DA COSTA TORRES

1987João Mariz

Póvoa de Varzim

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of civil proceedings

19/06/2023

18/05/2023

16,900

250[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.