Published on 23 October 2023
FIRST SECTION
Application no. 44249/16
Carlo COLOMBO against Italy
and 3 other applications
(see list appended)
communicated on 3 October 2023
SUBJECT MATTER OF THE CASE
The applications concern the decisions of the Court of Cassation to declare the applicants’ appeals on points of law inadmissible for failure to comply with the formal requirements of the principle of the autonomy of the appeal on points of law (autosufficienza del ricorso in cassazione).
The applicants, relying on Article 6 § 1 of the Convention, and in relation to application no. 291/20 also on Article 13 of the Convention, complain that they were deprived of access to a court.
QUESTIONS TO THE PARTIES
Concerning all applications:1. Did the dismissal of the appeals by the Court of Cassation on the ground that the applicants had not complied with the principle of autonomy of the appeal on points of law (autosufficienza del ricorso in cassazione) impose a disproportionate restriction on the applicants’ right to a court, guaranteed by Article 6 § 1 of the Convention (see Succi and Others v. Italy, nos. 55064/11 and 2 others, §§ 71-85, 28 October 2021)?
In particular, was the application of this principle compatible with the Court’s case-law on “excessive formalism” (see, among many others, Zubac v. Croatia [GC], no. 40160/12, §§ 80-82, 87-89 and 96-99, 5 April 2018, and Succi and Others, cited above, §§ 86-95)?
Concerning application no. 291/20:2. Did the applicant have at her disposal an effective domestic remedy for her complaint under Articles 6 § 1 of the Convention, as required by Article 13 of the Convention?
APPENDIX
List of cases
No.
Application no.
Case name
Introduction date
Applicant’s name
Year of birth/registration
Place of residence
Nationality
Representative’s name
Location
Relevant domestic decision
Complaints
1.
44249/16
Carlo Colombo S.p.A. v. Italy
23/07/2016
CARLO COLOMBO S.P.A.
1982
Pizzighettone
Italian
Angela ROVEDA
Milan
Court of Cassation, R.G. 6974/14, order no. 1381, 26/01/2016
Article 6 § 1 (Access to court - Excessive formalism)
2.
52611/19
Püschel v. Italy
26/09/2019
Michael PÜSCHEL
1964
Innsbruck
Austrian
Peter PLATTER
Bolzano
Court of Cassation, R.G. 10892/16, judgment no. 8449, 27/03/2019
Article 6 § 1 (Access to court - Excessive formalism) as regards the third ground of the appeal on points of law
3.
291/20
Palermo v. Italy
20/12/2019
Vincenza PALERMO
1961
Roccella Ionica
Italian
Adele RITORTO
Roccella Ionica
Court of Cassation, R.G. 25245/2017, order no. 16513, 20/06/2019
Article 6 § 1 (Access to court - Excessive formalism) and Article 13 as regards the fourth and fifth ground of the appeal on points of law
4.
34644/22
Borgonovo v. Italy
04/07/2022
Daniele BORGONOVO
1975
Liscate
Italian
Francesco LONGO
Pordenone
Court of Cassation, R.G. 16893/16, order no. 7259, 04/03/2022
Article 6 § 1 (Access to court - Excessive formalism) as regards the second and the ninth grounds of the appeal on points of law