VALADA MATOS DAS NEVES v. PORTUGAL - 73798/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2015] ECHR 965 (29 October 2015)

VALADA MATOS DAS NEVES v. PORTUGAL - 73798/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2015] ECHR 965 (29 October 2015)

The Court found that, despite legislative and jurisprudential developments, the Portuguese civil liability action for excessive judicial delay was not sufficiently consolidated or effective in practice at the relevant time to constitute an effective remedy under Article 13. Therefore, the applicant was not required...

Source-derived case information.

Citation
[2015] ECHR 965
Parties
Applicant: Rui Pedro Valada Matos das Neves; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 13 in conjunction with Article 6 § 1 of the Convention
Legal Topics
Right to an Effective Remedy, Reasonable Time for Judicial Proceedings, State Liability for Judicial Delay
Human Rights Law Administrative Law Right to an Effective Remedy Reasonable Time for Judicial Proceedings State Liability for Judicial Delay

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Parties

Rui Pedro Valada Matos das Neves

Applicant

Republic of Portugal

Respondent

Procedural Posture

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

  1. 1 Whether the applicant had an effective domestic remedy for excessive length of proceedings under Article 13 of the Convention
  2. 2 Whether the duration of the applicant's administrative proceedings violated the right to a hearing within a reasonable time under Article 6 § 1 of the Convention

Ratio Decidendi

The Court found that, despite legislative and jurisprudential developments, the Portuguese civil liability action for excessive judicial delay was not sufficiently consolidated or effective in practice at the relevant time to constitute an effective remedy under Article 13. Therefore, the applicant was not required to exhaust this remedy before applying to the Court, and there was a violation of Article 13 in conjunction with Article 6 § 1.

Court Disposition

Violation of Article 13 in conjunction with Article 6 § 1 of the Convention

Orders

  • Portugal to pay the applicant EUR 4,000 in respect of non-pecuniary damage within three months
  • Portugal to pay EUR 2,500 in respect of costs and expenses