INTERIM resolution DH (99) 565
HUMAN RIGHTS
APPLICATION No. 35284/97
A. L.M. AGAINST ITALY
(Adopted by the Committee of Ministers on 8 October 1999
at the 680th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the report drawn up on 10 March 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 9 February 1995 by an Italian national, Mr A.L.M., against Italy;
Whereas on 13 May 1998 the Commission transmitted the said report to the Committee of Ministers;
Whereas the Government of the respondent State referred the case to the European Court of Human Rights on 8 September 1998, and whereas the Court, unanimously, held in its judgment of 28 July 1999 that it could not deal with the merits of the case as it found that the Government's application had not been submitted within the period of three months provided for in Article 32, paragraph 1, and Article 47 of the Convention;
Whereas in his application, declared admissible by the Commission on 9 December 1997, the applicant complained of the excessive length of certain proceedings before the civil courts;
Whereas in its report the Commission expressed, by fourteen votes to two, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;
Whereas at the 680th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 8 October 1999, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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