Resolution CM/ResDH(2017)424
Execution of the judgments of the European Court of Human Rights
24 cases against Italy (see Appendix)
(Adopted by the Committee of Ministers on 7 December 2017
at the 1302nd 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, 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 established on account of the restrictions on the applicants' individual rights following bankruptcy proceedings and the excessive length of these proceedings since the 1990s (violations of Articles 6 § 1, 8, 13, 1 of Protocol No. 1, 3 of Protocol No. 1, and 2 of Protocol No. 4);
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;
Having noted the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)1253);
Considering that the individual measures have been resolved, given that steps were taken to accelerate the domestic proceedings which were still pending when the judgments of the European Court became final, and that the restrictions imposed on the applicants have been lifted pursuant to Legislative Decree No. 5/2006;
Also recalling that the general measures required in response to the shortcomings found by the Court in these judgments will continue to be examined within the framework of the case Collarile and Others v. Italy, (Application No. 10652/02) and that the closure of the cases listed below in no way prejudges the Committee’s evaluation of the general measures in relation to the excessive length of bankruptcy proceedings;
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.
Appendix
Application No.
Case
Judgment of
Final on
32190/96
LUORDO
17/07/2003
17/10/2003
47778/99
BASSANI
11/12/2003
11/03/2004
14448/03
BERTOLINI
18/12/2007
07/07/2008
56298/00
BOTTARO
17/07/2003
17/10/2003
13697/04
CARBE AND OTHERS
23/06/2009
23/09/2009
30408/03
CAVALLERI
26/05/2009
26/08/2009
24824/03
COLOMBI
26/05/2009
26/08/2009
1595/02
DE BLASI
05/10/2006
12/02/2007
10347/02
DI IESO
03/07/2007
03/10/2007
37360/04
DIURNO
23/06/2009
23/09/2009
77986/01
FORTE
10/11/2005
10/02/2006
10756/02
GALLUCCI
12/06/2007
12/11/2007
10481/02
GASSER
21/09/2006
12/02/2007
55984/00
GOFFI
24/03/2005
06/07/2005
6480/03
MUR
26/05/2009
26/08/2009
7503/02
NERONI
20/04/2004
10/11/2004
39884/98
PARISI AND 3 OTHERS
05/02/2004
05/05/2004
44521/98
PERONI
06/11/2003
06/02/2004
34562/04
ROCCARO
23/06/2009
23/09/2009
52985/99
S.C., V.P., F.C. AND E.C.
06/11/2003
06/02/2004
981/04
SHAW
10/03/2009
10/06/2009
13606/04
VICARI MARIA
26/05/2009
26/08/2009
29070/04
VINCI MORTILLARO
23/06/2009
23/09/2009
7842/02
VIOLA AND OTHERS
08/01/2008
08/04/2008
Full & Egal Universal Law Academy