SECOND SECTION
DECISION
Application no. 44109/11
Adriano ANDRENELLI
against Italy
The European Court of Human Rights (Second Section), sitting on 4 September 2012 as a committee composed of:
Isabelle Berro-Lefèvre, President,
Guido Raimondi,
Helen Keller, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 31 May 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The case originated in an application against Italy lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Italian national, Mr. Adriano Andrenelli (“the applicant”), on 31 May 2011. The applicant, who is a lawyer, represented himself.
The Italian Government (“the Government”) were represented by their Agent, Ms. E. Spatafora.
The applicant complained, inter alia, under Articles 6 § 1 of the Convention and Article 1 of Protocol No.1, about the non-execution of the judgment of the Court of appeal of Rome (no 2824) of 1 April 2009.
On 8 May 2012 and 14 June 2012 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Italy in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 600 (six hundred euros) to cover any non-pecuniary damage as well as costs and expenses, plus any tax which may be chargeable to the applicant. This sum will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from 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 LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list (pursuant to Article 39 of the Convention).
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Françoise Elens-PassosIsabelle Berro-Lefèvre
Deputy RegistrarPresident
Full & Egal Universal Law Academy