Resolution CM/ResDH(2023)421
Execution of the judgment of the European Court of Human Rights
Compostella and Salamone against Italy
(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
46306/06+
COMPOSTELLA AND SALAMONE
02/02/2023
02/02/2023
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 judgment transmitted by the Court to the Committee in this case and to the violation of Article 1 of Protocol No. 1 established due to the inadequate amounts of compensation received by the applicants following the urgent expropriation of their plots of land;
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;
Noting that the just satisfaction awarded by the Court in this case for pecuniary and non-pecuniary damage and costs and expenses has been paid and considering that the question of individual measures has been resolved, since the consequences suffered by the applicants as a result of the violation have thus been erased;
Recalling that the measures required to guarantee non-repetition of the violations of Article 1 of Protocol No. 1 were examined in the context of the Belvedere Alberghiera S.R.L. v. Italy group of cases (see Final Resolution CM/ResDH(2017)138);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
DECIDES to close the examination thereof.