Resolution CM/ResDH(2009)72[1]
Execution of the judgments of the European Court of Human Rights
Matteoni and Vadalà against Italy
(Application No. 42053/02, judgment of 8 June 2006, final on 8 September 2006
Application No. 51703/99, judgment of 20 April 2004, final on 20 July 2004)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in these cases concern violations of the applicants’ rights throughout proceedings to establish their bankruptcy, such as the supervision of their correspondence and the prohibition from leaving their area of residence without judicial permission (violations of Article 8 and Article 2 of Protocol No.4) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing, similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2009)72
Information about the measures to comply with the judgments in the cases of
Matteoni and Vadalà against Italy
Introductory case summary
These cases concern restrictions imposed on the personal capacity of the applicants during the whole of the bankruptcy proceedings brought against them.
In order to protect the rights of third parties, the Royal Decree No. 267 of 16/03/1942 provided a number of personal restrictions on bankrupts, such as supervision of their correspondence and prohibition from leaving their area of residence without judicial authorisation.
The European Court observed that the bankruptcy proceedings against the applicants lasted more than 14 and 16 years respectively, which resulted in upsetting the fair balance which should be struck between the general interest of the creditors to be paid and the individual interest of the bankrupts with regard to the protection of their rights to respect for correspondence and free movement (violation of Articles 8 and 2 of Protocol No. 4).
I.Payments of just satisfaction and individual measures
a) Details of just satisfaction
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
MATTEONI
42053/02
-
25 000 euros
4 000 euros
29 000 euros
Paid on 7/12/2006
VADALA
51703/99
-
20 000 euros
3 000 euros
23 000 euros
Paid on 24/09/2004
b) Individual measures
The restrictions imposed on the applicants have been lifted by Legislative Decree No. 5/2006 (see below).
II.General measures
Legislative Decree No. 5/2006, adopted in January 2006, resolved the questions raised in the European Court’s judgments in these cases. The decree brought about a number of changes to remedy the violations found, in particular:
- Respect for correspondence (Article 48 of the Decree): The bankrupt now receives all his correspondence and is obliged to transmit to the liquidator only communications concerning the bankruptcy proceedings, whereas prior to the reform all letters were diverted directly to the liquidator;
- Freedom of movement (Article 49): The only obligation remaining for the bankrupt is to inform the competent authorities of any change of residence, whereas formerly he could not leave his area of residence without authorisation from the authorities;
For further details see Interim Resolution CM/ResDH(2007)27 “Bankruptcy proceedings in Italy: progress achieved and problems remaining in the execution of the judgments of the European Court of Human Rights”, adopted by the Committee of Ministers on 4 April 2007.
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicants of the violations of the Convention found by the European Court in these cases, that these measures will prevent new, similar violations and that Italy has thus complied with its obligations under Article 46 paragraph 1 of the Convention.
[1] Adopted by the Committee of Ministers on 19 June 2009 at the 1059th meeting of the Ministers’ Deputies
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