FIRST SECTION
DECISION
Application no. 68602/13
Cecilia ALFINI 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 22 October 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
After unsuccessful friendly-settlement negotiations, 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.
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 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 2,000 (two thousand) euros (EUR) for costs and expenses.
The applicants were sent the terms of the Government’s unilateral declaration several weeks before the date of this decision.
The applicants, M. Andracchio, M.G. Liberati, R. Lucarelli, G. Molisani and M. Simoncelli, rejected the terms of the declaration. The Court notes that the remaining applicants were not satisfied with the terms of the unilateral declaration concerning costs and expenses.
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 (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 (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 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 the applicants jointly an additional sum of EUR 1,500 (one 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,
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 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, within three months, in addition to the sum contained in the unilateral declaration submitted by the Government, EUR 1,500 (one thousand and five hundred euros), plus any tax that may be chargeable in this respect to the applicants;
(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 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 applicant’s comments
Amount awarded for
pecuniary damage
per applicant (in euros)[1]
Amount awarded for costs and expenses (in euros)[2]
68602/13
22/10/2013
(91 applicants)
Cecilia ALFINI
1954
Salerni Arturo
Rome
27/12/2022
28/04/2023
5,134.65
2,000,
under the Government’s unilateral declaration,
jointly to all applicants,
and
1,500,
award made by the Court
jointly to all applicants
Antonella AMICI
1947
5,885.35
Attilia Domenica AMICONE
1946
9,638.19
Maurizio ANDRACCHIO
1955
5,075.95
Maria Antonietta BERTI
1949
6,614.35
Fabrizio BOVINO
1970
5,032.23
Anna Maria BRIGLIA
1942
7,949.09
Giovanni BUCOLO
1978
3,686
Vincenza BUFALO
1956
9,978.94
Cinzia BURAGLINI
1963
6,882.78
Marialuisa CALOGERO
1953
8,467.57
Franco CANNA
1960
8,467.57
Donatella CANNOVA
1961
9,932.89
Maria Viola CASORERIO
1953
6,008.25
Lucio CAVICCHIOLI
1962
8,088.77
Alessio CICCARELLA
1970
6,830.01
Paola CIONI
1963
9,013.97
Ornella CIUCCIARELLI
1958
4,649.03
Maria Luisa CUCCARO
1946
7,612.46
Adelaide DE SIMONE
1953
5,791.25
Carlo DI CARLO
1953
7,428.77
Caterina DI CICCO
1948
3,230.40
Marilena DIGIOIA
1963
3,701.87
Gino Vittorio D’INNOCENZO
1946
10,981.18
Demetrio DUCA
1948
7,606.29
Roberto FABBRO
1955
7,729.73
Maria Maddalena FARINA
1963
7,015.48
Tiziana FEDERICI
1956
5,257.76
Fabrizio FELICI
1958
2,641.03
Roberta FERRAZZA
1951
10,963.82
Andreina FONTANA
1948
9,638.19
Antonietta FRANZA
1954
9,046.50
Franca FURLANETTO
1954
2,415.64
Rita FUSCO
1948
7,651.11
Maria Rosaria GALIERO
1963
5,473.64
Stefania GIAMBANCO
1958
9,638.19
Lucia GRASSO
1962
8,275.84
Giuseppina GRECIS
1947
9,210.07
Cinzia GRILLI
1962
4,427.01
Antonella GUANTARIO
1953
9,638.19
Maria Giacinta GUANTARIO
1946
8,176.43
Carlo GUIDA FANTINI
1950
9,638.19
Stefania LANGIU
1959
9,638.19
Oreste LASTELLA
1964
7,810.09
Ines LE BRETON
1963
8,416.10
Lina LENE
1953
7,462.27
Mariarita LEVATO
1957
8,333.70
Maria Grazia LIBERATI
1959
5,394.21
Saverio LOPEZ
1957
7,895.50
Roberta LUCARELLI
1961
9,638.19
Loredana LUCHETTI
1957
8,467.57
Alberto Pietro Aurelio MANAI
1959
6,577.75
Mauro MARCELLO
1961
9,638.19
Diana MARIANO
1952
9,637.67
Roberto MARSILI
1950
5,784.80
Lucilla MATTONI
1960
7,929.46
Anna Maria MAURIZI
1953
4,241.10
Roberto MAZZONI
1967
8,467.57
Maria Teresa MEZZANI
1941
7,303.98
Tiziana MIRABELLI
1955
3,387.93
Giulio MOLISANI
1945
11,464.29
Anna MONDAVIO
1956
9,863.13
Paolina MORETTI
1941
8,276.77
Graziella MURA
1944
7,614.42
Antonino OTTIMOFIORE
1952
10,981.18
Guido PEPE
1952
6,982.40
Luciano PINNA
1947
8,981.61
Alessandro PITOTTI
1964
5,808.99
Tiziana PIZZICHERIA
1956
4,709.92
Simona PRUNALI
1950
7,635.71
Roberto REITANO
1965
6,982.40
Valeria RUMORI
1962
9,579.48
Gianfranco SCIASCIA
1951
6,158.83
Maria Pia SEQUI
1955
8,200.54
Vanda SERRANTI
1955
9,638.19
Marco SIMONCELLI
1968
3,685.79
Palmerino STELLA
1961
7,654.31
Enrico TARONI
1961
7,654.31
Luciana TARQUINI
1949
5,914.80
Caterina TIBERI VIPRAIO
1950
8,338.82
Renzo TIBERI
1950
9,638.19
Antonio TIBURZI
1957
7,654.31
Augusto TRANQUILLI
1948
7,562.00
Franca TROTTA
1951
8,338.82
Massimo UGOLINI
1958
7,654.31
Zita VALLE
1956
4,411.13
Giovanna VALOPPI
1950
8,467.57
Morena VEGLIANTI
1966
7,551.87
Fulvia VENEZIANI
1949
11,645.83
Gina VERNARECCIO
1948
5,404.01
Monica ZECCA
1958
9,638.19
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.