Queijinho Rato Leão and Others v. Portugal

FIRST SECTION

Application no. 29623/14 Florbela Maria QUEIJINHO RATO LEÃO and others against Portugal

The European Court of Human Rights (First Section), sitting on 2 June 2015 as a Committee composed of:

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

and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 4 April 2014,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix. They were represented before the Court by Mr J. Martins Lourenço, a lawyer practising in Lisbon.

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 civil proceedings to which they were a party.

On 19 January and 31 March 2015 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 3,900 (three thousand nine hundred euros) to cover any non-pecuniary damage and to jointly pay them EUR 1,000 (one thousand 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 these sums 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.

Done in English and notified in writing on 25 June 2015.

André Wampach Mirjana Lazarova Trajkovska Deputy Registrar President

Appendix

N o .

Firstname LASTNAME

Birth date

Nationality

Place of residence

Florbela Maria QUEIJINHO RATO LEÃO

16/02/1965

Portuguese

Mem Martins

Florinda Maria CONCEIÇÃO SILVA MARTINS

18/06/1965

Portuguese

Montijo

Susana LEITÃO LOURO ABRANTES

20/06/1944

Portuguese

Lisbon

Aline Fátima RODRIGUES ALVES DA SILVA MARTINS

13/05/1954

Portuguese

Almada