FIRST SECTION
DECISION
Application no. 7486/22
Donato CARUSI against Italy
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 14 September 2023 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Ivana Jelić, 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 were represented by G. Salvatore, a lawyer practising in Chieti.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the application of retrospective legislation (Article 1 § 218 of Law no. 266/2005 of 23 December 2005) to pending national proceedings 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 violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1.
With regard to applications nos. 35298/22, 36513/22 and 37336/22, the Government offered not to proceed with the recovery of forty percent of the sums paid in execution of the first-instance judgments later reversed on appeal following the application of Article 1 § 218 of Law no. 266/2005 of 23 December 2005.
With regard to applications nos. 7486/22, 12847/22, 14610/22, 35984/22, 36002/22 and 37185/22 the Government offered to pay forty percent of the sums awarded by the first-instance judgments detailed in the appended table and that the applicants returned, provided that they give proof of the restitution.
With regard to application no. 12844/22, the Government offered to pay the difference between forty percent of the sums awarded to the applicant by the first-instance judgment detailed in the appended table (30,236.71 euros (EUR)) and the sums that the applicant returned (28,394.58 EUR), provided that she gives proof of the restitution.
Accordingly, the Government invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention.
The Court also notes that the Government proposed to pay EUR 100 per application for costs and expenses, plus any tax that may be chargeable to the applicants.
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 payment 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 against Italy emphasising that the adoption of Law no. 266/2005 which definitively and retroactively settled the merits of the pending dispute between the applicants and the State and rendered futile any continuation of the proceedings was not justified by overriding reasons of general interest (see, for example, Cicero and Others v. Italy, no. 29483/11 and 4 others, §§ 31-33, 30 January 2020; De Rosa and Others v. Italy, no. 52888/08 and 13 others, §§ 48-54, 11 December 2012; and Agrati and Others v. Italy, nos. 43549/08, 6107/09 and 5087/09, §§ 59-66, 7 June 2011). When the Court found a violation of Article 6 § 1 of the Convention, it considered that the applicants had suffered a real loss of opportunity and that, consequently, the violations found were likely to have caused the applicants material damage. As to non-pecuniary damage, the Court considered that the finding of a violation constituted in itself just satisfaction for the non-pecuniary damage suffered by the applicants (see De Rosa and Others, cited above, §§ 60-62).
Noting the admissions and undertakings contained in the Government’s declarations, 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 5 October 2023.
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
(Legislative interference)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments
Relevant first instance judgment for calculation
7486/22
27/01/2022
Donato CARUSI
1953
15/06/2023
12/07/2023
Chieti District Court
R.G. 683/04
02/05/2005
12844/22
02/03/2022
Albertina CAPUZZI
1947
Lanciano District Court
R.G. 255/03
09/08/2004
12847/22
02/03/2022
Giuseppina RAPINI
1948
Lanciano District Court
R.G. 255/03
09/08/2004
14610/22
15/03/2022
Maria Teresa LANCI ROMAGNOLI
1952
Lanciano District Court
R.G. 405/2003
13/12/2004
35298/22
07/07/2022
Teresa Caterina CIANCI
1954
Vasto District Court
R.G. 124/04
12/11/2004
35984/22
13/07/2022
Valerio Gabriele AMBROSI
1951
Lanciano District Court
R.G. 257/03
09/08/2004
36002/22
14/07/2022
Nicola CARLUCCI
1952
Vasto District Court
R.G. 128/04
12/11/2004
36513/22
13/07/2022
Carmine FLAMMINIO
1946
Lanciano District Court
R.G. 256/03
09/08/2004
37185/22
15/07/2022
Sante DI VIRGILIO
1946
Chieti District Court
R.G. 1342/03
17/01/ 2005
37336/22
15/07/2022
Eltruda SCUTTI
1950
Lanciano District Court
R.G. 414/03
13/12/2004