FIGUEIREDO GONÇALVES v. PORTUGAL - 57422/09 - Committee Judgment (French Text) [2014] ECHR 165 (18 February 2014)

FIGUEIREDO GONÇALVES v. PORTUGAL - 57422/09 - Committee Judgment (French Text) [2014] ECHR 165 (18 February 2014)

The Court found that the Portuguese authorities failed to provide effective assistance to the applicant in enforcing the domestic judgment, resulting in a violation of Article 6 § 1 of the Convention. The authorities' inaction and delays, including failure to act against obstructive third parties and to clarify the...

Source-derived case information.

Citation
[2014] ECHR 165
Parties
Applicant: José Carlos Figueiredo Gonçalves; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Application partly allowed; violation of Article 6 § 1 found; other complaints rejected or not examined.
Legal Topics
Right to a Fair Trial, Enforcement of Judgments, Right to Property, Discrimination
Human Rights Law Civil Procedure Right to a Fair Trial Enforcement of Judgments Right to Property Discrimination

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Parties

José Carlos Figueiredo Gonçalves

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the prolonged non-execution of a domestic judgment violated Article 6 § 1 of the Convention
  2. 2 Whether there was a violation of Article 1 of Protocol No. 1 (right to property)
  3. 3 Whether there was discrimination contrary to Article 14

Ratio Decidendi

The Court found that the Portuguese authorities failed to provide effective assistance to the applicant in enforcing the domestic judgment, resulting in a violation of Article 6 § 1 of the Convention. The authorities' inaction and delays, including failure to act against obstructive third parties and to clarify the need for municipal authorization in a timely manner, rendered the enforcement system ineffective and deprived the applicant of the substance of his right to a court.

Court Disposition

Application partly allowed; violation of Article 6 § 1 found; other complaints rejected or not examined.

Orders

  • The respondent State must pay the applicant 12,000 EUR for material and moral damages within three months.
  • The respondent State must pay the applicant 2,000 EUR for costs and expenses within three months.