CUNHA MARTINS DA SILVA COUTO v. PORTUGAL - 69062/13 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section Committee)) French Text [2017] ECHR 214 (28 February 2017)

CUNHA MARTINS DA SILVA COUTO v. PORTUGAL - 69062/13 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section Committee)) French Text [2017] ECHR 214 (28 February 2017)

The four years and one month duration for a single level of jurisdiction was not reasonable; applicant's minor contribution to delay did not justify the overall excessive length; violation of Article 6 § 1 established.

Source-derived case information.

Citation
[2017] ECHR 214
Parties
Applicant: José Luís Cunha Martins da Silva Couto; Respondent: Government of Portugal
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
violation found; just satisfaction awarded
Legal Topics
Reasonable Time for Trial, Right to Fair Hearing, Just Satisfaction
Human Rights Civil Procedure Reasonable Time for Trial Right to Fair Hearing Just Satisfaction

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Parties

José Luís Cunha Martins da Silva Couto

Applicant

Government of Portugal

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether the length of civil proceedings violated Article 6 § 1 of the Convention

Ratio Decidendi

The four years and one month duration for a single level of jurisdiction was not reasonable; applicant's minor contribution to delay did not justify the overall excessive length; violation of Article 6 § 1 established.

Court Disposition

violation found; just satisfaction awarded

Orders

  • State to pay applicant 1,800 EUR for moral damage within three months.
  • State to pay applicant 500 EUR for costs and expenses within three months.