Case of European Court of Human Rights, October 28, 1998 (case Pérez de Rada Cavanilles v. Spain)

Resolution Date:October 28, 1998
SUMMARY

Violation of Art. 6-1 Non-pecuniary damage - finding of violation sufficient Costs and expenses partial award - Convention proceedings

 
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Information Note on the Court’s case-law No.

October 1998

Pérez de Rada Cavanilles v. Spain - 28090/95

Judgment 28.10.1998

Article 6

Civil proceedings

Article 6-1

Access to court

Inadmissibility, for being out of time, of reposición application against court decision whereby a settlement agreement which the applicant had sought to enforce had been declared void: violation

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

I.              ARTICLE 6 § 1 OF THE CONVENTION

A.              Applicability of Article 6

Proceedings to enforce the agreement had been decisive for whether applicant’s right actually became effective or not – common ground.

B.              Compliance with Article 6

Recapitulation of case-law: primarily for national authorities to interpret domestic legislation – the domestic courts had held that a reposición application dispatched within the three days prescribed by law but received two days after expiry of that period was inadmissible as being out of time, on ground that applications had to be made to appropriate court or to duty judge of same town, particularly where person making it was assisted by counsel – Court’s role...

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