Resolution CM/ResDH(2018)361
Execution of the judgments of the European Court of Human Rights
Five cases against Italy
(Adopted by the Committee of Ministers on 3 October 2018 at the 1326th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
18791/03
GROSSI AND OTHERS
06/07/2006
14/12/2010
30/10/2012
06/10/2006
20/06/2011
18/03/2013
30227/03
CAPOCCIA
05/10/2006
14/12/2010
05/01/2007
14/03/2011
3528/03
CAPOZZI
03/08/2006
14/12/2010
03/11/2006
14/03/2011
70800/01
CHILLEMI
18/12/2012
18/12/2012
9167/05
QUINTILIANI
06/10/2015
06/10/2015
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 judgments transmitted by the Court to the Committee in these cases and to the violations of Article 1 of Protocol No. 1 established on account of the absence of sufficient safeguards and/or the excessively restrictive rules on compensation for emergency expropriations by local authorities ("indirect expropriation"); having also regard to the violation of Article 6, paragraph 1, established in the Chillemi case on account of the insufficient amount of the compensation awarded by the national courts in the framework of a remedy open since 2001 to victims of excessively lengthy proceedings (“Pinto” remedy);
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 these cases has been paid and considering that the question of individual measures has therefore been resolved, since the damage suffered by the applicants, as a result of the violations found, has been compensated by the payment of the sums awarded by the Court in this respect;
Recalling that the questions relating to the violation of Article 1 of Protocol No. 1 established in these cases were examined in the context of the supervision of the Belvedere Alberghiera S.R.L. group of cases (Final Resolution CM/ResDH(2017)138);
Also recalling that the issues relating to the insufficient amount of compensation awarded under the "Pinto" Act were examined in the framework of the supervision of a number of cases in the Giuseppe Mostacciuolo (No. 1) group (Final Resolution CM/ResDH(2015)155);
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 these cases and
DECIDES to close the examination thereof.
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