FIRST SECTION
DECISION
Application no. 26056/07
Rosario ADAMI and Others
against Italy
The European Court of Human Rights (First Section), sitting on 16 May 2019 as a Committee composed of:
Aleš Pejchal, President,
Jovan Ilievski,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 15 June 2007,
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 tables.
The applicants were represented by Mr Giuseppe Ferraro, a lawyer practising in Naples.
The applicants’ complaint under Article 6 of the Convention concerning the legislative interference pending judicial proceedings in respect of all the applicants listed in the appendices were communicated to the Italian Government (“the Government”).
THE LAW
The Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by this complaint with respect to the applicants listed in Appendix I. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The Government acknowledged the legislative interference pending judicial proceedings in respect of the applicants listed in Appendix I. They offered to pay the applicants the amounts detailed in Appendix I 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 with respect to the applicants listed in the Appendix I.
The applicants listed in Appendix I were sent the terms of the Government’s unilateral declaration on 25 October 2017. The Court has received a response from the applicants’ representative not accepting the terms of the 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, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
The Court has established clear and extensive case-law concerning complaints relating to the legislative interference pending judicial proceedings in Italy (see, for example, Arras and Others v. Italy, no. 17972/07, 14 February 2012; Natale and Others v. Italy, no. 19264/07, 15 October 2013; and Casacchia and Others v. Italy, nos. 23658/07 and 2 others, 15 October 2013).
Noting the admissions contained in the Government’s declaration as well as the amount of compensation proposed – 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 (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 with respect to the applicants listed in Appendix I (Article 37 § 1 in fine).
Furthermore, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
As regards the applicants listed in Appendix II, the Court notes that they died and no heirs have come forward.
Accordingly, the Court considers that it is no longer justified to continue the examination of the application with respect to these applicants (Article 37 § 1 (c)).
In view of the above, it is appropriate to strike the case out of the list as regards the applicants concerned by the unilateral declaration as well as the deceased applicants (see Appendices I and II).
As regards the applicants listed in Appendix III, the Court notes that they did not provide the information requested when the case was communicated in order to demonstrate their victim status for the purposes of this complaint under the Convention.
Having regard to its findings, the Court considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, this complaint does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention.
It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Takes note of the terms of the respondent Government’s declaration concerning the applicants listed in Appendix I, and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention with respect to the applicants listed in Appendices I and II;
Declares the application inadmissible as regards the applicants listed in Appendix III.
Done in English and notified in writing on 6 June 2019.
Liv TigerstedtAleš Pejchal
Acting Deputy RegistrarPresident
APPENDIX
Application no.
Date of introduction
Applicant’s name
Date of birth
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments, if any
Amount awarded for pecuniary damage per applicant/household
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
26056/07
15/06/2007
Anna AIELLO
07/09/1924
Anna Maria BADOLATO
27/11/1924
Francesco BERETTA
09/09/1925
Alfio BIONDI
12/02/1942
Brunetto BRUNELLI
20/10/1920
Salvatore CALDERONI
23/12/1935
Cataldo CAPANO
12/03/1939
Carmen CARVELLI
06/12/1919
Maria Michele CIANI
04/04/1946
Angelo CONSOLE
09/10/1940
Giuseppina
DE GENNARO
03/07/1992
Cosimo DE LUCA
05/02/1933
Marisa DE NAPOLI
19/06/1947
Maria DE NICOLA
13/09/1925
Vito Filippo DE SANTIS
25/11/1937
Dario DI MATTIA
25/05/1928
Maria Iolanda DIONISIO
06/02/1923
Francesco FALCO
27/02/1922
Ercole FARRUGIA
23/06/1941
Pierluigi FERRATI
21/06/1931
Vincenzo GAETANIELLO
23/01/1933
Mario Egisto GERINI
03/02/1933
Edda GHERSEVICH
19/02/1934
Bruna GIORDANO
21/10/1948
Tito Italo GRECO
30/03/1941
Lidia IANNELLI
20/07/1924
Lydia IUZZOLINO
26/08/1941
Filomena LIBERTINI
15/03/1937
Lucia LIBERTINI
26/12/1941
Grazia MARESCA
04/06/1924
Maria MAURO
13/07/1946
Luigi MAZZITELLI
24/09/1934
Maria MICHELUTTI
05/02/1918
Iolanda MODOLO
14/11/1925
Elda MONTANARI
10/06/1923
Giuseppe PANTANO
12/11/1921
Elena PARRELLA
13/12/1935
Marco Mario PASANISI
25/04/1940
Luigi PERELLI
19/05/1930
Maria PETRACCONE
27/08/1941
Mario PIAZZOLLA
18/01/1938
Marianna PODDA
21/07/1942
Iole Maria POL
13/10/1926
Atos PORCU
11/03/1937
Giovanni PRIVITERA
20/12/1929
Emilia RADDINO
14/09/1915
Rosanna
RAGOZZINO
26/04/1951
Carmine ROSSI
07/01/1922
Liliana SALVI
15/07/1926
Ugo SANTORO
21/11/1934
Stefano SODANO
14/05/1938
Grazia Maria SOLINAS
18/12/1931
Aldo TANGO
01/12/1924
Giorgio TERSIGNI
17/11/1931
Mario TROTTA
14/11/1932
Giuseppina VALENTE
25/02/1920
Luigi VECCHIONE
17/03/1937
Gidemore VIAGGIO
01/11/1934
25/10/2017
05/03/2018
4,500
4,600
8,700
6,900
6,300
6,300
6,000
6,100
4,700
6,500
6,100
6,600
5,000
4,600
7,000
6,800
5,300
9,700
4,800
4,700
6,100
4,400
6,400
4,900
5,800
4,300
5,400
4,200
4,200
8,600
4,200
5,600
15,200
5,200
4,100
9,000
5,000
6,600
6,200
5,400
6,100
7,900
5,600
6,300
8,800
5,700
4,200
7,200
4,600
5,400
7,700
6,400
11,200
5,000
6,800
6,000
4,500
6,200
200
APPENDIX II
NameDate of birth - date of demise
Mario TROTTA14/11/1932 – 04/02/2017Grazia MARESCA04/06/1924 – 25/07/2012
APPENDIX III
NameDate of birth
Rosario ADAMI 25/06/1943Giancarlo ADAMI07/04/1946Donatella ADAMI04/11/1955Fernanda BERNONI21/09/1915Concetta BORZACCHIELLO07/06/1936Roberto BOSSI20/11/1953Giovanna D’AGOSTINO 02/08/1927Alessandro DALL’AGLIO13/02/1965Stefania DALL’AGLIO20/04/1968Isabella D’AYALA VALVA 10/06/1930Alessandro DE FABRITIIS 28/06/1940Paolo DE FABRITIIS30/11/1954Annarosa DE FABRITIIS30/06/1957Rosaria DI NOZZI07/09/1954Nicola IACONISI21/09/1951Gianfranco IACONIS01/01/1956Caterina LECCESE13/06/1921Renata MARINI30/05/1924Guido MAZZA 12/07/1945Giusta ORIONI23/09/1938Paolo SAVARESE28/10/1958Riccardo SAVARESE28/04/1960Maria TESTA07/12/1955Antonio TESTA12/06/1959Luigi ZAMPI01/06/1967Alessandro ZAMPI30/01/1969Francesca ZAMPI14/06/1970Barbara ZAMPI 13/01/1977Valeria ZAMPI13/01/1977
[1]. Plus any tax that may be chargeable.
2. Plus any tax that may be chargeable to the applicants.
[2]*
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