FERREIRA ALVES v. PORTUGAL (No. 9) - 54312/10 - HEJUD (French text) [2013] ECHR 258 (02 April 2013)

FERREIRA ALVES v. PORTUGAL (No. 9) - 54312/10 - HEJUD (French text) [2013] ECHR 258 (02 April 2013)

The Court found that the total duration of the proceedings, including enforcement, was excessive and did not meet the reasonable time requirement of Article 6 § 1. The Court also found that the non-contractual liability action was not an effective remedy under Article 13 for the applicant's complaint.

Source-derived case information.

Citation
[2013] ECHR 258
Parties
Applicant: Jorge de Jesus Ferreira Alves; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Full Hearing
Outcome
Application allowed in part; violations found
Legal Topics
Right to a Fair Trial, Reasonable Time Requirement, Effective Remedy, Excessive Length of Proceedings
Human Rights Law Civil Procedure Right to a Fair Trial Reasonable Time Requirement Effective Remedy Excessive Length of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jorge de Jesus Ferreira Alves

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 there was an effective remedy as required by Article 13 of the Convention

Ratio Decidendi

The Court found that the total duration of the proceedings, including enforcement, was excessive and did not meet the reasonable time requirement of Article 6 § 1. The Court also found that the non-contractual liability action was not an effective remedy under Article 13 for the applicant's complaint.

Court Disposition

Application allowed in part; violations found

Orders

  • The Government must pay the applicant 3,200 EUR for non-pecuniary damage within three months.
  • The Government must pay the applicant 1,000 EUR for costs and expenses within three months.