Resolution CM/ResDH(2023)425
Execution of the judgments of the European Court of Human Rights
Two cases against Malta
(Adopted by the Committee of Ministers on 13 December 2023
at the 1484th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
47505/19
APAP BOLOGNA
09/12/2021
09/12/2021
19465/20
GERA DE PETRI TESTAFERRATA
28/04/2022
28/04/2022
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established due to the disproportionate control of the applicants’ use of their property resulting from the application of the Re-letting of Urban Property Ordinance, imposing upon them the continuation of a commercial lease to a third party without providing adequate compensation and procedural safeguards, as well as to the insufficient amount of compensation awarded by the domestic courts for the violation of Article 1 of Protocol 1;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action plan provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court and the conclusion of new rent contracts mutually agreed between the landlords and the tenants (see document DH-DD(2023)1330);
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Zammit and Attard Cassar group of cases, also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures in the Zammit and Attard Cassar group of cases;
DECIDES to close the examination of these cases.