RIBEIRO MOURA v. PORTUGAL - 44097/13 (Judgment (Merits and Just Satisfaction) : Court (First Section Committee)) French Text [2015] ECHR 1008 (12 November 2015)

RIBEIRO MOURA v. PORTUGAL - 44097/13 (Judgment (Merits and Just Satisfaction) : Court (First Section Committee)) French Text [2015] ECHR 1008 (12 November 2015)

The Court found that the duration of the proceedings (over 12 years) was excessive and did not meet the reasonable time requirement under Article 6 § 1. The Court also found that there was no effective remedy available in Portugal for such complaints, constituting a violation of Article 13.

Source-derived case information.

Citation
[2015] ECHR 1008
Parties
Applicant: Maria Emília Lopes Ribeiro Moura; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Application allowed in part; violations found; no monetary award granted.
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

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Parties

Maria Emília Lopes Ribeiro Moura

Applicant

Republic 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
  2. 2 Whether there was an effective remedy as required by Article 13 of the Convention

Ratio Decidendi

The Court found that the duration of the proceedings (over 12 years) was excessive and did not meet the reasonable time requirement under Article 6 § 1. The Court also found that there was no effective remedy available in Portugal for such complaints, constituting a violation of Article 13.

Court Disposition

Application allowed in part; violations found; no monetary award granted.

Orders

  • The application is declared admissible.
  • There has been a violation of Article 6 § 1 of the Convention.