VICENTE CARDOSO v. PORTUGAL - 30130/10 - HEJUD (French text) [2013] ECHR 204 (13 March 2013)

VICENTE CARDOSO v. PORTUGAL - 30130/10 - HEJUD (French text) [2013] ECHR 204 (13 March 2013)

The Court found that the duration of the applicant's civil proceedings (over eight years for two instances) was excessive and did not meet the 'reasonable time' requirement of Article 6 § 1 of the Convention. The Government failed to provide sufficient justification for the delay. Thus, there was a violation of...

Source-derived case information.

Citation
[2013] ECHR 204
Parties
Applicant: Carlos Alberto Vicente Cardoso; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Full Hearing
Outcome
Application partly allowed, partly rejected
Legal Topics
Right to a Fair Trial, Reasonable Time Requirement, State Liability, Excessive Length of Proceedings
Human Rights Law Civil Procedure Right to a Fair Trial Reasonable Time Requirement State Liability Excessive Length of Proceedings

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 2 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Carlos Alberto Vicente Cardoso

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Full Hearing

  1. 1 Whether the length of civil proceedings violated Article 6 § 1 of the Convention
  2. 2 Whether the applicant was denied justice due to procedural grounds

Ratio Decidendi

The Court found that the duration of the applicant's civil proceedings (over eight years for two instances) was excessive and did not meet the 'reasonable time' requirement of Article 6 § 1 of the Convention. The Government failed to provide sufficient justification for the delay. Thus, there was a violation of Article 6 § 1.

Court Disposition

Application partly allowed, partly rejected

Orders

  • Declared the application admissible regarding the excessive length of proceedings and inadmissible for the remainder.
  • Held that there was a violation of Article 6 § 1 due to excessive length of proceedings.