Resolution DH (98) 375
CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS
OF 23 April 1998
IN THE CASE OF Fisanotti AGAINST Italy
(Adopted by the Committee of Ministers on 12 November 1998
at the 647th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 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 Fisanotti case delivered on 23 April 1998 and transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application (No. 32305/96) against Italy, lodged with the European Commission of Human Rights on 28 April 1994 under Article 25 of the Convention by Mr Gian Carlo Fisanotti, an Italian national, and that the Commission declared admissible the complaint relating to the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit;
Recalling that the case was brought before the Court by the Government of Italy on 9 October 1997;
Whereas in its judgment of 23 April 1998 the Court unanimously:
- held that there was a violation of Article 6, paragraph 1, of the Convention;
- held that the respondent State was to pay the applicant, within three months 12 500 000 Italian lire in respect of non-pecuniary damage and 2 500 000 Italian lire in respect of costs and expenses, and that simple interests at an annual rate of 5% should be payable on those sums from the expiry of the above-mentioned three months until settlement;
- 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 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 23 April 1998, having regard to Italy’s obligation under Article 53 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 accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this case, notably through a legislative decree of 15 November 1993 (No. 453) converted into parliamentary legislation by Act No. 19 of 14 January 1994, which amended the organisation of the Court of Audit (see Resolution DH (94) 25 in the case of Giancarlo Lombardo against Italy) and indicated that the Court's judgment had been sent out to the authorities directly concerned;
Having satisfied itself that on 6 July 1998, within the time-limit set, the government of the respondent State paid the applicant the sum provided for in the judgment of 23 April 1998,
Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 54 of the Convention in this case.
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