UNIÓN ALIMENTARIA SANDERS S.A. v. SPAIN

• Judgment Date: 07 July 1989
• ECLI: ECLI:CE:ECHR:1989:0707JUD001168185
• Respondent State: España
• Application Number: 11681/85
• Date: 07 July 1989
• Court: Chamber (European Court of Human Rights)
• Counsel: N/A
• Applied Rules: 6;6-1;41
• Official Gazette Publication: [object Object]

COURT (CHAMBER)

CASE OF UNIÓN ALIMENTARIA SANDERS S.A. v. SPAIN

(Application no. 11681/85)

JUDGMENT

STRASBOURG

07 July 1989

In the case of Unión Alimentaria Sanders SA[*],

The European Court of Human Rights, sitting, in accordance with Article 43 (art. 43) of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") and the relevant provisions of the Rules of Court, as a Chamber composed of the following judges:

Mr R. Ryssdal, President,

MrJ. Cremona,

Mr Thór Vilhjálmsson,

Mr F. Matscher,

Mr R. Macdonald,

Mr J. De Meyer,

Mr J.A. Carrillo Salcedo,

and also of Mr M.-A. Eissen, Registrar, and Mr H. Petzold, Deputy Registrar,

Having deliberated in private on 22 April and 19 June 1989,

Delivers the following judgment, which was adopted on the last-mentioned date:

PROCEDURE

1. The case was referred to the Court by the European Commission of Human Rights ("the Commission") and by the Government of the Kingdom of Spain ("the Government") on 19 December 1988 and 20 January 1989 respectively, within the three-month period laid down by Article 32 para. 1 and Article 47 (art. 32-1, art. 47) of the Convention. It originated in an application (no. 11681/85) against Spain lodged with the Commission under Article 25 (art. 25) by a Spanish private company, Unión Alimentaria Sanders SA, on 5 July 1985.

The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48) and to the declaration whereby Spain recognised the compulsory jurisdiction of the Court (Article 46) (art. 46); the Government’s application referred to Article 48 (art. 48). The object of the request and of the application was to obtain a decision from the Court as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Article 6 para. 1 (art. 6-1).

2. In response to the enquiry made in accordance with Rule 33 para. 3 (d) of the Rules of Court, the applicant company stated that it wished to take part in the proceedings pending before the Court and designated the lawyer who would represent it (Rule 30).

3. The Chamber to be constituted included ex officio Mr J.A. Carrillo Salcedo, the elected judge of Spanish nationality (Article 43 of the Convention) (art. 43), and Mr R. Ryssdal, the President of the Court (Rule 21 para. 3 (b)). On 26 January 1989, in the presence of the Registrar, the President drew by lot the names of the other five members, namely Mr J. Cremona, Mr Thór Vilhjálmsson, Mr F. Matscher, Mr R. Macdonald and Mr J. De Meyer (Article 43 in fine of the Convention and Rule 21 para. 4) (art. 43).

4. Mr Ryssdal assumed the office of President of the Chamber (Rule 21 para. 5) and, having on each occasion consulted - through the Registrar - the Agent of the Government, the Delegate of the Commission and the lawyer for the applicant company:

(a) decided on 10 February 1989 that there was no need at that stage for memorials to be filed (Rule 37 para. 1); and

(b) directed on 14 March that the oral proceedings should open on 21 April 1989 (Rule 38).

5. On various dates between 2 March and 21 April 1989, the Registrar received a number of documents that the President had instructed him to obtain from the Government, the Commission or the applicant company, as the case might be.

6. The hearing took place in public in the Human Rights Building, Strasbourg, on the appointed day. The Court had held a preparatory meeting immediately beforehand.

There appeared before the Court:

- for the Government

Mr J.L. Fuertes Suárez, Adviser,

Ministry of Justice, Agent,

Mr J.M. Morenilla Rodríguez, Adviser,

Ministry of Justice, Counsel;

- for the Commission

Mr J.-C. Soyer, Delegate;

- for the applicant

Mr F. Ramos Méndez, abogado, Counsel.

The Court heard addresses by Mr Fuertes Suárez for the Government, by Mr Soyer for the Commission and by Mr Ramos Méndez for the applicant company, as well as their replies to its questions.

7. The applicant company filed its claims under Article 50 (art. 50) of the Convention on 11 May 1989, and the observations on them by the Agent of the Government reached the registry on 22 May. On 23 May, the Delegate of the Commission made it known that he did not intend to file any observations.

AS TO THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

A. Background

8. Unión Alimentaria Sanders is a limited company in the food industry and has its registered office in Madrid.

9. In 1974, it concluded a contract whereby it would finance the rearing of pigs belonging to it on a farm owned by another company, Linconin SA. In return, Linconin SA was to pay the price of the animals and the administrative costs. Owing to its insolvency, however, it was unable to honour its commitments; and in the meantime it had sold the pigs.

Criminal proceedings were brought against Linconin SA and its directors but were subsequently discontinued following a general amnesty.

B. The proceedings in the Barcelona Court of First Instance

10. On 2 May 1979, Unión Alimentaria Sanders SA brought an action in the Barcelona Court of First Instance (juzgado de primera instancia) for payment of the sum it considered was owed to it by Linconin SA and one of its directors, Mrs P. Since it thought the company and Mrs P. to be insolvent, it also brought two actions based on the principle of subrogation against them and three other persons, for the enforcement of contracts for the purchase of land and a farm by the first two defendants and the registration of the purchase in the land register.

11. The case was assigned to the Barcelona Court of First Instance no. 9, which summoned the defendants to appear before it. Only one of these, Mrs B., appeared, however; the others could not be found. Mrs B. raised preliminary objections and submitted observations on the merits.

On 27 November 1980, the court requested the parties to produce their evidence, and this they did from 17 December 1980 to 26 March 1981. Once that was done, it asked them to make their submissions, since they were not seeking a hearing. The applicant company did so on 29 October, and Mrs B. on 12 November.

12. In an order (providencia) of 28 December 1981, the court declared the case ready for decision (declaró los autos conclusos para sentencia). By Article 678 of the Code of Civil Procedure, judgment had to be given within twelve days, or within fifteen days if the file contained more than a thousand items.

13. On 10 July 1983, Unión Alimentaria Sanders SA wrote to the court to complain of a breach of Article 24 para. 2 of the Constitution, which guarantees "the right to a public trial without undue delay (sin dilaciones indebidas) and with all safeguards".

On 21 October 1983, the company applied to the Constitutional Court for a declaration that there had been undue delay in the proceedings in question, an order requiring the trial court to give judgment and a declaration that the applicant company was entitled to compensation for the damage ensuing from the delay. The Constitutional Court dismissed the appeal (recurso de amparo) on 23 January 1985 (see paragraphs 17-19 below).

14. On 17 December 1983, the Court of First Instance no. 9 found partly in favour of the applicant company. It ordered Linconin SA and Mrs P. jointly and severally to pay the plaintiff the sum of 1,852,343.67 pesetas with statutory interest, and two of the defendants who were sued on the principle of subrogation to perform the contract for the sale of certain land and have it entered in...