FIRST SECTION
DECISION
Application no. 36251/17
Caterina BASILE against Italy
and 5 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 10 November 2022 as a Committee composed of:
Krzysztof Wojtyczek, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications 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’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of “Pinto” domestic decisions were communicated to the Italian Government (“the Government”).
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged the non-enforcement or delayed enforcement of domestic decisions. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications 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 Government also undertook to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
The applicants were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations.
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 cases to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (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 non-enforcement or delayed enforcement of domestic decisions (see, for example, Gaglione and Others v. Italy, nos. 45867/07 and 69 others, 21 December 2010 and Gagliano Giorgi v. Italy, no. 23563/07, 6 March 2012).
Noting the admissions contained in the Government’s declarations 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 applications (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 applications (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications 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).
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 1 December 2022.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of “Pinto” domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Relevant
domestic
decision
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments, if any
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
36251/17
10/05/2017
Caterina BASILE
1961
Fundarò Antonina
Palermo
Caltanissetta
Court of Appeal
RG 1330/2012,
23/07/2014
07/07/2022
16/08/2022
200
30
43277/19
06/08/2019
Antonia DI DONFRANCESCO
1960
Marzioni Carlo
Rome
Rome Court of
Appeal
RG 50085/2019, 14/02/2019
07/07/2022
20/07/2022
200
30
43819/19
06/08/2019
Carlo MARZIONI
1958
Marzioni Carlo
Rome
Rome Court of
Appeal
RG 50287/2019,
05/03/2019
07/07/2022
20/07/2022
200
30
14271/21
04/03/2021
Michele CRISCUOLI
1945
Pagliuca Mauro
Avellino
Naples Court of
Appeal
RG 378/2020,
20/03/2020
07/07/2022
200
30
22419/21
04/03/2021
Rosa SORICE
1939
Pagliuca Mauro
Avellino
Naples Court of
Appeal
RG 482/2020,
27/03/2020
07/07/2022
200
30
22422/21
04/03/2021
Elena GIAQUINTO
1953
Pagliuca Mauro
Avellino
Naples Court of
Appeal
RG 936/2018,
22/11/2018
07/07/2022
200
30
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.