FIRST SECTION
DECISION
Application no. 65253/19
Francesco ANNIBALDI
against Italy
(see appended table)
The European Court of Human Rights (First Section), sitting on 16 May 2024 as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 7 December 2019,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr L. Maori, a lawyer practising in Perugia.
The applicant’s complaint under Article 7 of the Convention concerning the increase in sentence applied by the national courts for the aggravating circumstance of repeated re-offending under Article 99 of the Criminal Code, which in the applicant’s view exceeded the limit provided for by the abovesaid provision, was communicated to the Italian Government (“the Government”).
The Court received the 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, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 LAW
The Court takes note of the friendly settlement reached between the parties. Considering that the sentence complained of has already been served by the applicant, the Court is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto 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.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 6 June 2024.
Viktoriya Maradudina Péter Paczolay
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 7 of the Convention
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 declaration
Amount awarded for pecuniary and non‑pecuniary damage
per applicant
(in euros)[1]
65253/19
07/12/2019
Francesco ANNIBALDI
1983
Maori Luca
Perugia
22/02/2024
29/02/2024
8,000
[1] Plus any tax that may be chargeable to the applicant.