CASE OF MONTEIRO AIRES v. PORTUGAL
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time);Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy)
Helen Keller;Paulo Pinto De Albuquerque
4. The applicant was born in 1946 and lives in Matosinhos (Portugal). 5. On 11 January 2006 the applicant started eviction proceedings against three tenants before the Court of Matosinhos (domestic proceedings no. 355/06.3TBMTS). 6. On 23 February 2006 the court ordered their eviction and ordered the tenants to pay 2,170 euros (EUR) for rent arrears. 7. On 14 September 2006 the applicant started enforcement proceedings. 8. The following month the court ordered the seizure (penhora) of one third of one of the tenant’s income (executado). The payment of the debt began in December. 9. Meanwhile, the tenant had asked the court to reduce the deducted amount to one sixth of his salary. The court ordered that reduction on 10 January 2007. 10. The payments stopped on 7 October 2008, when the tenant became unemployed. 11. Between October 2008 and September 2009 the enforcement solicitor (solicitador de execução) tried to find attachable assets. 12. In September 2009 the parties made an agreement according to which the debtor’s wife would continue to pay the arrears in instalments, which she did for one year. 13. According to the last information received by the Court on 17 April 2013, the proceedings were pending.