LIGA PORTUGUESA DE FUTEBOL PROFISSIONAL v. PORTUGAL - 4687/11 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 425 (17 May 2016)

LIGA PORTUGUESA DE FUTEBOL PROFISSIONAL v. PORTUGAL - 4687/11 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 425 (17 May 2016)

The Court found violations of Article 6 § 1 due to the decision being based on grounds not discussed by the parties and due to lack of impartiality in the Tribunal Constitucional, but no violation regarding access to a tribunal or non-communication of certain documents. The excessive duration of proceedings also...

Source-derived case information.

Citation
[2016] ECHR 425
Parties
Applicant: Liga Portuguesa de Futebol Profissional; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Judgment (merits and Just Satisfaction)
Outcome
Application partly upheld; violations found.
Legal Topics
Right to Fair Trial, Impartiality of Tribunal, Access to Court, Reasonable Time for Proceedings, Collective Labour Agreements, Constitutionality of Legal Provisions
Human Rights Civil Procedure Labour Law Right to Fair Trial Impartiality of Tribunal Access to Court Reasonable Time for Proceedings Collective Labour Agreements +1 more

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Parties

Liga Portuguesa de Futebol Profissional

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to European Court of Human Rights / Judgment (merits and Just Satisfaction)

  1. 1 Whether the applicant was denied a fair trial under Article 6 § 1 of the Convention
  2. 2 Whether the tribunal was impartial
  3. 3 Whether access to a tribunal was denied due to excessive court fees

Ratio Decidendi

The Court found violations of Article 6 § 1 due to the decision being based on grounds not discussed by the parties and due to lack of impartiality in the Tribunal Constitucional, but no violation regarding access to a tribunal or non-communication of certain documents. The excessive duration of proceedings also constituted a violation.

Court Disposition

Application partly upheld; violations found.

Orders

  • State to pay applicant 3,750 EUR for moral damages.
  • State to pay applicant 4,000 EUR for costs and expenses.