Brigandì v. Italy

Information Note on the Court’s case-law No.

February 1991

Brigandì v. Italy - 11460/85

Judgment 19.2.1991

Article 6

Article 6-1

Reasonable time

Length of civil proceedings: violation

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

I.ARTICLE 6 § 1 OF THE CONVENTION ("reasonable time")

A.Period to be considered

Starting-point: impossible to go back further than 1 August 1973, when Italy's declaration recognising right of individual petition took effect, but regard to be had to state of case at that time.

Close: filing of Court of Appeal's judgment.

Result: more than seventeen years.

B.Relevant criteria

Reasonableness of length of proceedings: to be assessed in light of particular circumstances of case, which in this instance called for an overall assessment.

Case not complex.

Conclusion: violation (unanimously).

II.ARTICLE 1 OF PROTOCOL No. 1

Conclusion: unnecessary to consider complaint (unanimously).

III.ARTICLE 50 OF THE CONVENTION

Measures taken by national courts had not made full reparation for the consequences of the breach found.

Conclusion: respondent State to pay a specified sum in compensation (unanimously).

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes

 

Full & Egal Universal Law Academy