ABSTRACT
Mr Francisco Velosa Barreto was an office worker. He married in April 1979 and he and his wife had one child, born on 7 June 1980. When the applicant was still single, he lived with his parents. Since his marriage he had lived in a house rented by his parents-in-law. In November 1982 he inherited a house from his parents, which had been let for residential use to ER since 23 June 1964. On 6 April 1983 the applicant and his wife brought proceedings against ER and his wife in the Funchal Court of First Instance, asking the court to terminate the lease on the ground that they needed to occupy the property as their own home. The Funchal Court of First Instance found against the applicant and his wife on 13 March 1989 on the ground that they had not established facts which proved a real need to occupy the house themselves. On 6 April 1989 the applicant appealed to the Lisbon Court of Appeal which upheld the impugned judgment. He complained that the Portuguese courts, by not allowing him to terminate the lease on the house he owned, had infringed his right to respect for his private and family life. Comm found by majority (8-3) V 8, NV P1A1.
