CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 13 décembre 1990

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),   Having regard to the judgment of the European Court of Human Rights in the case of Unión Alimentaria Sanders S.A. delivered on 7 July 1989 and transmitted the same day to the Committee of Ministers;   Recalling that the case originated in an application against Spain lodged with the European Commission of Human Rights on 5 July 1985 under Article 25 (art. 25) of the Convention by a Spanish company, Unión Alimentaria Sanders S.A., who complained of the length of civil proceedings it had instituted;   Recalling that the case was brought before the Court by the Commission on 19 December 1988 and by the Government of Spain on 20 January 1989;   Whereas in its judgment of 7 July 1989 the Court unanimously:   - held that there had been a violation of Article 6, paragraph 1   (art. 6-1), of the Convention;   - held that the respondent state was to pay Unión Alimentaria   Sanders S.A. 1 500 000 pesetas in respect of pecuniary damage and 220 171   pesetas in respect of costs and expenses;   - rejected the remainder of the claim for just satisfaction;   Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;   Having invited the Goverment of Spain to inform it of the measures which had been taken in consequence of the judgment of 7 July 1989, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;   Whereas, during the examination of the case by the Committee of Ministers, the Government of Spain gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;   Having satisfied itself that the Government of Spain has paid the applicant company the sums provided for in the judgment,   Declares, after having taken note of the information supplied by the Government of Spain, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.   Appendix to Resolution DH (90) 40   Information provided by the Government of Spain during the examination of the case of Unión Alimentaria Sanders S.A. by the Committee of Ministers   The new Act on the territorial organisation of the judicial system (ley de demarcación y de planta judicial) of 28 December 1988 completely reorganised judicial districts and redefined the territorial jurisdiction of the courts. It will be implemented in stages between 1989 and 1992 and will entail in particular the creation of 1 570 new judicial posts.   The Royal Decree issued by the Ministry of Justice on 3 February 1989, concerning measures for the effectiveness of the Act of 28 December 1988, provides for new posts of judges, clerks of court and administrative officers as well as for the creation of a number of new courts.   The Royal Decree of 21 July 1989 provides for the creation of criminal courts of first instance, the Royal Decree of 17 November 1989 for the creation of civil courts of first instance and investigation courts.   The Royal Decree of 25 May 1989 provides for the creation of single-judge courts, social courts and juvenile courts.   Each of the Spanish autonomous communities has promulgated an Act laying down the capitals of judicial districts and the judicial districts.   The various measures described above must be seen in the general light of a considerable increase in the Ministry of Justice's budget in Spain.   From 1982 to 1990 the appropriations for the administration of justice (staff remuneration, goods and services, investments, etc.) increased in real terms by 132 % and the appropriations for legal aid by 268 %.   Furthermore, since 1982 the total number of judges, prosecutors, clerks of court and administrative staff, taken all together, has increased by 85 %.   Finally, between January 1983 and October 1990, 600 new courts were created, that is an average of more than six new courts per month.   The sums awarded to the applicant company by the Court were paid on 16 July 1990.