FIRST SECTION
CASE OF ABBATE AND OTHERS v. ITALY
(Application no. 27814/23 and 4 others –
see appended list)
JUDGMENT
STRASBOURG
16 January 2025
This judgment is final but it may be subject to editorial revision.
In the case of Abbate and Others v. Italy,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Georgios A. Serghides, President,
Erik Wennerström,
Alain Chablais, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 5 December 2024,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Italy lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. The Italian Government (“the Government”) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the non-enforcement or delayed enforcement of domestic decisions given in their favour. They also raised other complaints under the provisions of the Convention.
THE LAW
JOINDER OF THE APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION6. The applicants complained principally of the non-enforcement or delayed enforcement of domestic decisions given in their favour. They relied, expressly or in substance, on Article 6 § 1 of the Convention.
7. The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece, no. 18357/91, § 40, Reports of Judgments and Decisions 1997‑II).
8. In the leading cases of Ventorino v. Italy, no. 357/07, 17 May 2011, De Trana v. Italy, no. 64215/01, 16 October 2007, Nicola Silvestri v. Italy, no. 16861/02, 9 June 2009, Antonetto v. Italy, no. 15918/89, 20 July 2000, and De Luca v. Italy, no. 43870/04, 24 September 2013, the Court already found a violation in respect of issues similar to those in the present case.
9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time the decisions in the applicants’ favour.
10. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW11. The applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table).
12. These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Ventorino (cited above).
APPLICATION OF ARTICLE 41 OF THE CONVENTION13. Regard being had to the documents in its possession and to its case‑law (see, in particular, Ventorino, De Trana, Nicola Silvestri, Antonetto and De Luca, all cited above), the Court considers it reasonable to award the sums indicated in the appended table.
14. The Court further notes that the respondent State has an outstanding obligation to enforce the judgments which remain enforceable.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Decides to join the applications;Declares the applications admissible;Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the non-enforcement or delayed enforcement of the domestic decisions;Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);Holds that the respondent State shall ensure, by appropriate means, within three months, the enforcement of the pending domestic decisions referred to in the appended table;Holds(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 16 January 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Georgios A. Serghides
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(non-enforcement or delayed enforcement of domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Representative’s name and location
Relevant domestic decision
Start date of non-enforcement period
End date of non-enforcement period
Length of enforcement proceedings
Domestic court order
Case-law
Other complaints under well-established case-law
Amount awarded for non-pecuniary damage per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
27814/23
26/06/2023
Ferdinando Emilio ABBATE
1961
Latium Administrative Court, R.G. 858/17, 05/06/2017
Latium Administrative Court, R.G. 1177/17, 05/06/2017
Latium Administrative Court, R.G.1178/17, 05/06/2017
Latium Administrative Court, R.G.1179/17, 05/06/2017
Latium Administrative Court, R.G. 1180/17, 05/06/2017
Latium Administrative Court, R.G. 1276/17, 05/06/2017
Latium Administrative Court, R.G. 1463/17, 05/06/2017
Latium Administrative Court, R.G. 2520/17, 05/06/2017
Latium Administrative Court, R.G. 2803/17, 20/07/2017
Latium Administrative Court, R.G. 3158/17, 20/07/2017
Rome District Court, R.G. 7409/19, ordering the enforcement of the judgment of Latium Administrative Court, R.G. 1178/17 of 05/06/2017, 02/07/2019
Rome District Court, R.G. 7410/19, ordering the enforcement of the judgment of Latium Administrative Court, R.G. 6604/17 of 05/06/2017, 02/07/2019
Rome District Court, R.G. 7416/19, ordering the enforcement of the judgment of Latium Administrative Court, R.G. 2803/17 of 20/072017, 18/07/2019
Rome District Court, R.G. 7415/19, ordering the enforcement of the judgment of Latium Administrative Court, R.G. 3158/17, of 20/07/2017, 18/07/2019
05/06/2017
05/06/2017
05/06/2017
05/06/2017
05/06/2017
05/06/2017
05/06/2017
05/06/2017
20/07/2017
20/07/2017
02/07/2019
02/07/2019
18/07/2019
18/07/2019
03/03/2023
5 years and 8 months et 27 days
03/03/2023
5 years and 8 months and 27 days
02/03/2023
5 years and 8 months and 26 days
09/03/2023
5 years and 9 months and 5 days
09/03/2023
5 years and 9 months and 5 days
09/03/2023
5 years and 9 months and 5 days
09/03/2023
5 years and 9 months and 5 days
24/03/2023
5 years and 9 months and 20 days
22/03/2023
5 years and 8 months and 3 days
22/03/2023
5 years and 8 months and 3 days
02/03/2023
3 years and 8 months and 1 day
03/03/2023
3 years and 8 months and 2 days
22/03/2023
3 years and 8 months and 5 days
22/03/2023
3 years and 8 months and 5 days
Ministry of Economy and Finance, payment of lawyer legal fees (avvocato antistatario)
A contrario, Izzo and Others, no. 46141/12, 30 May 2017
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
2,900
250
27974/23
05/07/2023
Daniela JOSSA
1960
Jossa Daniela
Naples
Rome Court of Appeal, R.G.
50159/2012, 25/09/2017
Naples Court of Appeal, R.G.
1266/2018, 04/07/2018
Naples Court of Appeal, R.G.1365/2020, 06/08/2020
25/09/2017
04/07/2018
06/08/2020
pending
More than 7 years and 1 months and 11 days
pending
More than 6 years and 4 months and 1 day
pending
More than 4 years and 2 months and 30 days
Ministry of Justice, payment of lawyer legal fees (avvocato antistatario).
A contrario, Izzo and Others, no. 46141/12, 30 May 2017
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
2,900
250
33199/23
23/08/2023
Lucio BENIGNI
1974
Pagliuca Mauro
Avellino
Naples Court of Appeal, R.G. 45/2017, 20/01/2017
Naples Court of Appeal, R.G. 2619/2018, 03/12/2018
Naples Court of Appeal, R.G. 1110/2018, 20/12/2018
Naples Court of Appeal, R.G.2550/2019, 22/09/2020
20/01/2017
03/12/2018
20/12/2018
22/09/2020
pending
More than 7 years and 9 months and 16 days
pending
More than 5 years and 11 months and 2 days
pending
More than 5 years and 10 months and 16 days
pending
More than 4 years and 1 month and 14 days
Ministry of Justice, payment of lawyer legal fees (avvocato antistatario).
A contrario, Izzo and Others, no. 46141/12, 30 May 2017
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
4,030
250
33278/23
23/08/2023
Maria Stella SAVERIANO
1973
Pagliuca Mauro
Avellino
Naples Court of Appeal, R.G.
2054/2018, 22/11/2018
Naples Court of Appeal, R.G. 380/2019, 21/02/2019
Naples Court of Appeal, R.G. 381/2019, 15/03/2019
Naples Court of Appeal, R.G.
1153/2019, 22/05/2019
22/11/2018
21/02/2019
15/03/2019
22/05/2019
pending
More than 5 years and 11 months and 14 days
pending
More than 5 years and 8 months and 15 days
pending
More than 5 years and 7 months and 21 days
pending
More than 5 years and 5 months and 14 days
Ministry of Justice, payment of lawyer legal fees (avvocato antistatario)
A contrario, Izzo and Others, no. 46141/12, 30 May 2017
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
1,900
250
35651/23
11/09/2023
Lucio BENIGNI
1974
Pagliuca Mauro
Avellino
Naples Court of Appeal, R.G. 82/2017, 16/06/2017
Naples Court of Appeal, R.G. 160/2019, 30/01/2019
Naples Court of Appeal, R.G. 1992/2019, 18/09/2019
Naples Court of Appeal, R.G. 2165/2020, 10/12/2020
Naples Court of Appeal, R.G. 799/2021, 15/04/2021
16/06/2017
30/01/2019
18/09/2019
10/12/2020
15/04/2021
pending
More than 7 years and 4 months and 20 days
pending
More than 5 years and 9 months and 6 days
pending
More than 5 years and 1 month 18 days
pending
More than 3 years and 10 months 26 days
pending
More than 3 years and 6 months and 21 days
Ministry of Justice, payment of lawyer legal fees (avvocato antistatario)
A contrario, Izzo and Others, no. 46141/12, 30 May 2017
Prot. 1 Art. 1 - lack of or delayed payment of a debt by State authorities
4,450
-
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.