FIRST SECTION
DECISION
Application no. 63312/13
Claudio ACQUAVIVA and Others
against Italy
(see appended table)
The European Court of Human Rights (First Section), sitting on 29 June 2023 as a Committee composed of:
Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 26 September 2013,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr A. Salerni, a lawyer practising in Rome.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the application of retrospective legislation (Law no. 148/2011 of 13 August 2011) to pending national proceedings were communicated to the Italian Government (“the Government”).
THE LAW
On 28 April 2023 the applicants’ representative informed the Registry that one of the applicants, Clara Canestrelli, had died and that none of her heirs wished to pursue the application before the Court.
In the light of the foregoing, the Court concludes that the applicant’s heirs do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the continued examination of the application.
Accordingly, the application should be struck out of the list in so far as it concerns the complaint by Ms Clara Canestrelli.
The Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
After unsuccessful friendly-settlement negotiations, the Government acknowledged the violation of Article 6 § 1 of the Convention and of Article 1 of Protocol No. 1. They offered to pay the applicants, excluding Clara Canestrelli, the amounts detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the case.
The Court also notes that the Government proposed to jointly award the applicants, save for the applicant Clara Canestrelli, 2,000 (two thousand) euros (EUR) for costs and expenses.
On 3 April 2023 the Government acknowledged a material error in the calculation of the sum to be awarded to the applicant Anna Antonietta Sforza and proceeded to amend the amount proposed.
The applicants were sent the terms of the Government’s unilateral declaration several weeks before the date of this decision. They indicated that they were not satisfied with the terms of the unilateral declaration.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the case to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
Noting the admissions contained in the Government’s declaration as well as the amount of compensation proposed for pecuniary damage – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application in the part covered by the unilateral declaration (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application insofar as it concerns the complaints of the applicants covered by the unilateral declaration of the Government (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application in that part may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
The Court also has the discretion to award legal costs when it strikes out an application (Rule 43 § 4 of the Rules of Court). The general principles governing reimbursement of costs under Rule 43 § 4 are essentially the same as under Article 41 of the Convention (see, among others, Romanenco v. the Republic of Moldova (dec.), no. 39107/14, 25 March 2021, Union of Jehovah’s Witnesses of Georgia v. Georgia (dec.), no. 72874/01, § 33, 21 April 2015, and Meriakri v. Moldova (dec.), no. 53487/99, § 33, 1 March 2005). In the present case, having regard to the documents in its possession, to its case-law and to the amount already proposed by the Government, the Court considers it reasonable to award jointly to the applicants, excluding Clara Canestrelli, an additional sum of EUR 2,500 (two thousand and five hundred euros) in respect of legal costs and expenses, plus any tax that may be chargeable to them.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in respect of Ms Clara Canestrelli in accordance with Article 37 § 1 (a) of the Convention;
Takes note of the terms of the respondent Government’s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the remainder of the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention;
Holds
(a) that the respondent State is to pay to the applicants, excluding Clara Canestrelli, within three months, in addition to the sum contained in the unilateral declaration submitted by the Government, EUR 2,500 (two thousand and five hundred euros), plus any tax that may be chargeable in this respect to the applicants, to be converted into the national currency at the rate applicable on the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English and notified in writing on 20 July 2023.
Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention and of Article 1 of Protocol No. 1
(legislative interference)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of applicants’ comments
Amount awarded for pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
63312/13
26/09/2013
(122 applicants)
Claudio ACQUAVIVA
1966
Salerni Arturo
Rome
01/01/2023
28/04/2023
7,446.76
2,000,
under the Government’s unilateral declaration,
jointly to all applicants, save for Clara Canestrelli,
and
2,500,
award made by the Court jointly to all applicants, save for Clara Canestrelli
Cristiana ALFIERI
1967
4,935.73
Massimo AMADEO
1962
8,235.09
Lorenzo ARCARI
1959
8,407.83
Antonella ARSENTI
1956
8,378.53
Carla BABINI
1959
9,281.96
Andrea BALDI
1958
5,795.49
Donatella BALDINI
1958
9,416.78
Euro BARTOLOMUCCI
1956
4,480.64
Giuseppina BELVISO
1961
9,051.61
Paola BOCHICCHIO
1953
5,170.14
Gabriella BOEMIO
1946
5,325.90
Marco BORRIELLO
1964
6,946.84
Rossella CALIFANO
1981
4,304.60
Flaviano CAMPITIELLO
1945
7,446.76
Elisabetta CAMPO
1955
2,680.99
Gianluca CAPUTO
1968
5,925.41
Anna Maria CARCÒ
1958
4,882.38
Roberta CARDAMONE
1954
4,220.09
Elena CARNEVALI
1951
7,446.76
Emanuela CARIDÀ
1954
8,840.79
Silvana CARROTTA
1963
4,795.98
Leonardo CATROPPA
1963
4,915.50
Annunziata CERVONE
1944
9,552.89
Basilia CHESSA
1952
7,985.83
Giulietta CIABATTI
1954
6,517.90
Stefano CIRILLI
1959
9,281.96
Ubaldo CIAVAGLIOLI
1951
9,281.96
Caterina CIVELLO
1956
7,635.90
Caterina COLAPIETRO
1964
2,617.51
Pierfrancesco CONTESE
1967
7,340.73
Vincenzo CORDIANI
1945
9,281.96
Renzo CORI
1952
6,863.52
Rosanna CORONA
1958
7,183.41
Adriana CUFFARO
1957
10,391.49
Marzio D’AGOSTINO
1973
4,387.68
Isabella D’AMORE
1960
6,449.33
Antonella DAPPORTO
1970
6,672.20
Simonetta DE FELICIS
1953
10,495.64
Antonio DE SANTIS
1943
7,398.82
Ivano DE SIMONE
1971
7,446.76
Valentina D’EMIDIO
1977
4,640.31
Gianluca DI FELICE
1965
7,411.84
Maria Vittoria DI MAGGIO
1963
7,513.44
Donatella DI VIRGILIO
1966
6,732.50
Angelo FARCHIONI
1950
7,446.76
Domenico FERRANTE
1947
4,527.25
Maria Margherita FERRO
1958
6,282.55
Nicola Tommaso FIRMANI
1946
8,422.04
Patrizia FRISINA
1964
6,456.19
Valentina GAMBELUNGHE
1956
8,840.79
Silvana GAROFOLO
1952
7,446.76
Patrizia GIACCIO
1968
4,897.20
Angelo GIOÈ
1962
9,281.96
Ornella GIOFFRÈ
1946
3,700.56
Felicetta Wanda GRILLO
1947
8,528.92
Massimiliano GUADAGNOLI 1961
8,235.09
Gianpaolo IULIUCCI
1967
8,235.09
Fabrizio IURLANO
1965
8,829.07
Alessandra LA CAVA
1962
6,100.12
Massimo LA BARBERA
1950
6,765.55
Anna Maria LELLI
1942
4,918.47
Salvatore LEONARDI
1948
6,664.46
Rita LIOTTI
1954
5,373.70
Camillo Emanuele MADELLA
1959
7,280.12
Agnese MAIOLATI
1961
8,185.42
Antonella MANCA
1966
5,239.07
Salvatore Maria MARANO
1951
2,787.20
Ivano MARCHI
1943
9,846.74
Manuela MASCALI
1969
7,110.40
Francesca MASTROFINI
1960
6,698.64
Giuseppe MELI
1959
3,963.37
Alfredo MELONI
1953
6,632.08
Franco MERZETTI
1956
6,787.28
Sabrina MICHIORRI
1968
8,510.39
Salvatore Maria MIGNACCA
1968
4,643.39
Maririta MURGIANO
1946
6,439.40
Gonario MURRU
1946
5,739.65
Cristiana NINCI
1966
7,138.17
Mario Giacomo NOVIELLI
1946
7,462.59
Donatella ORLANDI
1964
6,787.28
Riccardo ORLANDI
1965
7,988.93
Luigi PADULAROSA
1947
6,541.19
Maria Ausilia PANETTA
1957
5,349.80
Rita PATRIGNANI
1954
2,277.61
Sergio PERSIANI
1953
4,286.97
Maria Antonietta PETRICCA
1962
6,160.99
Graziella PICCIONE
1951
8,235.09
Maria Cristina PINO
1970
3,542.57
Valerio PIRAS
1961
6,581.00
Maria Teresa PORCELLI
1954
7,486.98
Orietta RANUCCI
1944
9,281.96
Stefania REMIGI
1963
1,039.97
Carla RISA
1942
3,110.50
Leila Anneli RISSANEN
1958
5,987.13
Riccardo ROMANAZZO
1955
9,452.56
Ugo RUFINO
1957
10,495.64
Andreina SABBI
1950
4,529.11
Raffaele SANNA
1963
7,446.76
Laura SAPIENZA
1954
7,425.96
Bruno SAUCHELLI
1955
8,235.09
Nicola SAUCHELLI
1953
3,461.84
Loris SEVERINI
1956
6,380.67
Anna Antonietta SFORZA
1943
5,478.87
Susanna SGOIFO
1955
981.45
Silvia SIMONI
1961
9,075.04
Giuseppe SPATUCCI
1945
3,863.21
Margherita SPORENI
1949
7,023.99
Cinzia SIMONETTI
1954
8,235.09
Norberto Maria STEINMAYR
1954
9,281.96
Antonio TESTA
1953
3,429.90
Francesca TIBERI
1947
7,275.19
Melitina TIBERI
1949
6,184.63
Donatella TOCCHIO
1957
7,446.76
Simonetta TRONU
1957
5,410.44
Laura TROVARELLI
1956
5,325.90
Giorgio VALCASTELLI
1956
9,281.96
Patrizia VETRALLA
1959
6,060.70
Violetta VITTORIA
1963
5,165.14
Rosamund Mary WHITING
1951
8,235.09
Patrizia ZAMPIERI
1947
4,843.64
Claudia Nicoletta ZINCONE
1959
7,278.74
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.