SOARES FERNANDES v. PORTUGAL - 59017/00 [2004] ECHR 148 (8 April 2004)

SOARES FERNANDES v. PORTUGAL - 59017/00 [2004] ECHR 148 (8 April 2004)

The Court found that there was a violation of the applicant's right to a fair trial and to the protection of property, as the proceedings did not meet the requirements of fairness and the applicant was deprived of his property without adequate justification.

Source-derived case information.

Citation
[2004] ECHR 148
Parties
Applicant: Soares Fernandes; Respondent: Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
application allowed
Legal Topics
Right to a Fair Trial, Right to Property
Human Rights Law Right to a Fair Trial Right to Property

Source-derived case record

Summary, issues, holding and outcome

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Parties

Soares Fernandes

Applicant

Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the applicant's right to a fair trial under Article 6 of the European Convention on Human Rights was violated
  2. 2 Whether the applicant's right to property under Article 1 of Protocol No. 1 was violated

Ratio Decidendi

The Court found that there was a violation of the applicant's right to a fair trial and to the protection of property, as the proceedings did not meet the requirements of fairness and the applicant was deprived of his property without adequate justification.

Court Disposition

application allowed

Orders

  • The respondent State is to pay the applicant just satisfaction for pecuniary and non-pecuniary damage.