CASE OF BRIGANDÌ 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 Brigandì delivered on 19 February 1991 and

transmitted the same day to the Committee of Ministers;

     Recalling that the case originated in an application

(No. 11460/85) against Italy lodged with the European Commission of

Human Rights on 22 February 1985 under Article 25 (art. 25) of the

Convention by Mr Natale Brigandì, an Italian national, and that the

Commission declared admissible the complaints of the excessive

length of certain civil proceedings and of a breach of his right to

a peaceful enjoyment of his possessions;

     Recalling that the case was brought before the Court by the

Commission on 16 February 1990;

     Whereas in its judgment of 19 February 1991 the Court

unanimously:

     - held that there had been a violation of Article 6,

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

     - held that it was unnecessary to rule on the complaint based

on Article 1 of Protocol No. 1 (P1-1);

     - held that the respondent state was to pay the applicant

15 000 000 Italian lire;

     - dismissed 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

19 February 1991, 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 11 February 1992 the

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

judgment of 19 February 1991,

     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.

 

Full & Egal Universal Law Academy