FIRST SECTION
DECISION
Application no. 19191/19
Ignazio CAFIERO
against Italy
(see appended table)
The European Court of Human Rights (First Section), sitting on 21 March 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 1 April 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 F. Deplano, a lawyer practising in Monserrato.
The applicant’s complaint under Article 14, taken in conjunction with Article 8 of the Convention, concerning allegations of discrimination based on sex due to a refusal to grant a parental leave, were 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 amounts detailed in the appended table. These amounts will 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 undertake 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 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 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 11 April 2024.
Viktoriya Maradudina Péter Paczolay
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 14, taken in conjunction with Article 8 of the Convention
(discrimination based on sex due to refusal to grant a parental leave)
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]
Amount awarded for costs and expenses per application (domestic proceedings)
(in euros)[2]
Amount awarded for costs and expenses per application (Strasbourg proceedings)
(in euros)[3]
19191/19
01/04/2019
Ignazio CAFIERO
1979
Deplano Francesco
Monserrato
29/02/2024
21/02/2024
3,000
5,000
1,000
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.
[3] Plus any tax that may be chargeable to the applicant.