FOURTH SECTION

DECISION

Application no. 25491/23
José Manuel MOREIRA TEIXEIRA
against Portugal

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 27 February 2025 as a Committee composed of:

 Anne Louise Bormann, President,
 Sebastian Răduleţu,
 András Jakab, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 June 2023,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr F. Marinho, a lawyer practising in Felgueiras.

The applicant’s complaints under Article 6 § 1 and Article 8 of the Convention concerning the unfairness of proceedings and the breach of the applicant’s right to respect for family life were communicated to the Portuguese Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Portugal in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake 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 the Protocols thereto 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 20 March 2025.

 

 Viktoriya Maradudina Anne Louise Bormann
 Acting Deputy Registrar President

 


APPENDIX

Application raising complaints under Article 6 § 1 and Article 8 of the Convention

(Fairness of proceedings and respect for family life)

Application no.
Date of introduction

Applicant’s name

Year of birth
 

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage

(in euros)[1]

Amount awarded for costs and expenses

(in euros)[2]

25491/23

09/06/2023

José Manuel MOREIRA TEIXEIRA

1964

 

Fernando Marinho

Felgueiras

06/12/2024

02/10/2024

9,750

2,500

 


[1] Plus any tax that may be chargeable to the applicant.

[2] Plus any tax that may be chargeable to the applicant.