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 Cooperativa Parco Cuma case delivered on
27 February 1992 and transmitted the same day to the Committee
of Ministers;
Recalling that the case originated in an application
(No. 12145/86) against Italy, lodged with the European Commission
of Human Rights on 25 February 1986 under Article 25 (art. 25) of
the Convention by the co-operative association Cooperativa Parco
Cuma, 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 19 April 1991;
Whereas in its judgment of 27 February 1992 the Court
unanimously:
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
- held that the present judgment constituted in itself, in
respect of any non-pecuniary damage, sufficient just satisfaction
for the purposes of Article 50 (art. 50);
- held that the respondent state was to pay the
applicant co-operative association, within three months,
3 090 334 Italian lire for costs and expenses;
- 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
27 February 1992, having regard to its 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 notably the entry into force on 30 April and
1 May 1995 of two laws restructuring the civil courts and speeding
up the proceedings in civil cases (see Resolution DH (95) 82 in the
case of Zanghì against Italy);
Having satisfied itself that on 15 September 1992 the
Government of Italy paid the applicant co-operative association the
sum provided for in the judgment of 27 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.
Full & Egal Universal Law Academy