TEREBUS v. PORTUGAL - 5238/10 - Chamber Judgment (French text) [2014] ECHR 384 (10 April 2014)

TEREBUS v. PORTUGAL - 5238/10 - Chamber Judgment (French text) [2014] ECHR 384 (10 April 2014)

The Portuguese authorities, through lack of diligence by the bailiff and failure to relieve him despite repeated inaction, did not effectively assist the applicant in executing the judgment, resulting in a violation of Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2014] ECHR 384
Parties
Applicant: Andriy Terebus; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Chamber Judgment
Outcome
violation found
Legal Topics
Right to a Fair Trial, Access to Court, Execution of Judgments, Reasonable Time Requirement
Human Rights Civil Procedure European Union Law Right to a Fair Trial Access to Court Execution of Judgments Reasonable Time Requirement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Andriy Terebus

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to European Court of Human Rights / Chamber Judgment

  1. 1 Whether the Portuguese authorities failed to assist the applicant in the execution of a judgment in his favour, violating Article 6 § 1 of the Convention
  2. 2 Whether the lack of diligence by the court-appointed bailiff constituted a breach of the applicant's right to a tribunal

Ratio Decidendi

The Portuguese authorities, through lack of diligence by the bailiff and failure to relieve him despite repeated inaction, did not effectively assist the applicant in executing the judgment, resulting in a violation of Article 6 § 1 of the Convention.

Court Disposition

violation found

Orders

  • Exception of non-exhaustion of domestic remedies rejected.
  • Application declared admissible.