GOMES ALMEIDA HENRIQUES MOURA v. PORTUGAL - 43146/11 - HEJUD (French text) [2013] ECHR 208 (12 March 2013)

GOMES ALMEIDA HENRIQUES MOURA v. PORTUGAL - 43146/11 - HEJUD (French text) [2013] ECHR 208 (12 March 2013)

The total duration of the applicant's proceedings, including the enforcement phase, was excessive and did not meet the reasonable time requirement under Article 6 § 1 ECHR. Delays attributable to court-appointed bailiffs are the responsibility of the State. The Government failed to provide sufficient justification...

Source-derived case information.

Citation
[2013] ECHR 208
Parties
Applicant: Teresa de Jesus Gomes Almeida Henriques Moura; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Full Hearing
Outcome
Violation of Article 6 § 1 ECHR found; just satisfaction awarded.
Legal Topics
Right to a Fair Trial, Reasonable Time Requirement, Execution of Judgments, State Liability
Human Rights Law Civil Procedure Right to a Fair Trial Reasonable Time Requirement Execution of Judgments State Liability

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Parties

Teresa de Jesus Gomes Almeida Henriques Moura

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Full Hearing

  1. 1 Whether the length of the applicant's civil proceedings violated Article 6 § 1 of the European Convention on Human Rights

Ratio Decidendi

The total duration of the applicant's proceedings, including the enforcement phase, was excessive and did not meet the reasonable time requirement under Article 6 § 1 ECHR. Delays attributable to court-appointed bailiffs are the responsibility of the State. The Government failed to provide sufficient justification for the delays.

Court Disposition

Violation of Article 6 § 1 ECHR found; just satisfaction awarded.

Orders

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