ABRANTES RODRIGUES A OSTATNÍ proti Portugalsku

FIRST SECTION

DECISION

Application no. 66506/12
Constantino Alberto ABRANTES RODRIGUES and others
against Portugal

The European Court of Human Rights (First Section), sitting on 26 August 2014 as a Committee composed of:

Mirjana Lazarova Trajkovska, President,
Paulo Pinto de Albuquerque,
Ksenija Turković, judges

and Søren Prebensen, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 October 2012,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants are all Portuguese nationals. They were all represented before the Court by Mr T. Mariz, a lawyer practising in Coimbra (Portugal). A list of the applicants is set out in the appendix.

The Portuguese Government (“the Government”) were represented by their Agent, Mrs M. F. da Graça Carvalho, Deputy Attorney-General.

The applicants complained under Article 6 § 1 of the Convention about the length of administrative proceedings before the Administrative and Fiscal Court of Coimbra.

On 23 April and 6 June 2014 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Portugal in respect of the facts giving rise to this application against an undertaking by the Government to pay each applicant EUR 3,412.50 (three thousand four hundred and twelve euros and fifty cents) to cover any non-pecuniary damage and to jointly pay them EUR 1,600 (one thousand and six hundred euros) to cover costs and expenses, which will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay them within the said three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Søren Prebensen Mirjana Lazarova Trajkovska
Acting Deputy Registrar President

Appendix