Resolution ResDH(2001)37
concerning the judgment of the European Court of Human Rights
of 28 April 2000 (final on 29 June 2000)
in the case of Di Antonio against Italy
(Adopted by the Committee of Ministers on 26 February 2001
at the 741st meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the Di Antonio case delivered on 28 April 2000 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;
Recalling that the judgment of the Court become final on 29 June 2000 since, at this date, the Government of the respondent State was informed that its request for a re-hearing before the Grand Chamber had been dismissed;
Recalling that the case originated in an application (No. 41839/98) against Italy, lodged with the European Commission of Human Rights on 23 February 1998 under former Article 25 of the Convention by Mr Domenico Di Antonio, an Italian national, and that the Court, seized of the case under Article 5 paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit;
Whereas in its judgment of 28 April 2000 the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the respondent State was to pay to the applicant, within three months from the date at which the judgment became final, 13 000 000 Italian lire in respect of non-pecuniary damage and 3 000 000 Italian lire in respect of costs and expenses and that simple interest at an annual rate of 2,5% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicant's claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46 of the Convention;
Having invited the Government of the respondent State to inform it of the measures which had been taken in consequence of the judgment of 28 April 2000, having regard to Italy's obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State indicated that the Court's judgment had been sent out to the authorities directly concerned;
Having satisfied itself that on 6 September 2000, within the time-limit set, the Government of the respondent State paid the applicant the sums provided for in the judgement of 28 April 2000,
Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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