AFFAIRE CARDOSO OLIVEIRA c. PORTUGAL - 21217/09 - Committee Judgment (French Text) [2014] ECHR 119 (04 February 2014)

AFFAIRE CARDOSO OLIVEIRA c. PORTUGAL - 21217/09 - Committee Judgment (French Text) [2014] ECHR 119 (04 February 2014)

The Court found that the civil proceedings lasted over six years for a single instance, which was excessive and did not meet the reasonable time requirement under Article 6 § 1. The Government failed to provide sufficient justification for the delay. The applicant's claim regarding denial of access to a tribunal was...

Source-derived case information.

Citation
[2014] ECHR 119
Parties
Applicant: João Albino Cardoso Oliveira; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found in part, application otherwise rejected
Legal Topics
Right to a Fair Trial, Reasonable Time Requirement, Access to Justice, Judicial Assistance
Human Rights Civil Procedure Right to a Fair Trial Reasonable Time Requirement Access to Justice Judicial Assistance

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Summary, issues, holding and outcome

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Parties

João Albino Cardoso Oliveira

Applicant

Republic of Portugal

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the duration of civil proceedings violated Article 6 § 1 of the European Convention on Human Rights
  2. 2 Whether the applicant was denied access to a tribunal due to difficulties in obtaining judicial assistance

Ratio Decidendi

The Court found that the civil proceedings lasted over six years for a single instance, which was excessive and did not meet the reasonable time requirement under Article 6 § 1. The Government failed to provide sufficient justification for the delay. The applicant's claim regarding denial of access to a tribunal was rejected due to non-exhaustion of internal remedies.

Court Disposition

violation found in part, application otherwise rejected

Orders

  • State must pay applicant 3,900 EUR for moral damages within three months, plus any applicable tax.
  • Interest at the marginal lending facility rate of the European Central Bank plus three percentage points applies after three months until payment.