CASE OF BORGESE AGAINST ITALY



     The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

     Having regard to the judgment of the European Court of Human

Rights in the case of Borgese delivered on 26 February 1992 and

transmitted the same day to the Committee of Ministers;

     Recalling that the case originated in an application

(No. 12870/87) against Italy lodged with the European Commission of

Human Rights on 15 April 1987 under Article 25 (art. 25) of the

Convention by Mr Michelangelo Borgese, an Italian national, and

that the Commission declared admissible the complaint concerning

the excessive length of certain civil proceedings;

     Recalling that the case was brought before the Court by the

Commission on 8 March 1991;

     Whereas in its judgment of 26 February 1992 the Court:

     - held, by five votes to four, that there had been a violation

of Article 6, paragraph 1 (art. 6-1), of the Convention;

     - held, unanimously, that the respondent state was to pay the

applicant, within three months, 3 000 000 Italian lire for

non-pecuniary damage and 2 000 000 Italian lire for costs and

expenses;

     - dismissed, unanimously, the remainder of the claim for just

satisfaction;

     Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

     Having invited the Government of Italy to inform it of the

measures which had been taken in consequence of the judgment of

26 February 1992, having regard to Italy's obligation under

Article 53 (art. 53) of the Convention to abide by it;

     Whereas the Government of Italy recalled that measures had

already been taken to prevent the repetition of the violation found

in this case, through the entry into force on 30 April and

1 May 1995 of two laws restructuring the civil courts and speeding

up the civil proceedings (see Resolution DH (95) 82 in the case of

Zanghì against Italy);

     Having satisfied itself that on 17 September 1992 the

Government of Italy paid the applicant the sums provided for in the

judgment of 26 February 1992,

     Declares, after having taken note of the information supplied

by the Government of Italy, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

 

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