Resolution CM/ResDH(2009)35[1]
Execution of the judgments of the European Court of Human Rights
2 cases concerning non-execution of court orders to evict tenants against Italy
(Application Nos. (see details in Appendix), friendly settlement)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the applicants’ admissible complaints in these cases concerned infringements of landlords' right to respect for their property because of failure to implement domestic court decisions ordering the eviction of tenants;
Whereas in these cases the Court, having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike these cases out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the Court forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the government of the respondent state paid the applicants the sums provided for in the friendly settlement (see details in Appendix);
Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new complaints of the same kind as that found in these cases (see Resolution ResDH(2007)84 in the cases Immobiliare Saffi and 156 other cases against Italy);
Having examined the information supplied by the government of Italy,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and DECIDES to close their examination.
Appendix to Resolution CM/ResDH(2009)35
Information about the measures to comply with the judgments in 2 cases concerning non-execution of court orders to evict tenants
against Italy
Details of payments
Name and application No.
Date of judgment
Global amount
Total
PAOLO CECERE
68344/01
24/11/2005
10 000 EUR
10 000 EUR
Paid on 27/02/2006
COMELLINI
15491/02
09/02/2006
10 000 EUR
10 000 EUR
Paid on 01/03/2006
[1] Adopted by the Committee of Ministers on 9 January 2009 at the 1043rd meeting of the Ministers’ Deputies
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