In the case of Mori Puddu v. Italy (1),
The Screening Panel of the European Court of Human Rights,
constituted in accordance with Article 48 para. 2 (art. 48-2) of the
Convention for the Protection of Human Rights and Fundamental Freedoms
("the Convention") and Rule 26 of Rules of Court B (2),
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Notes by the Registrar
1. The case is numbered 147/1996/768/965. The first number is the
case's position on the list of cases referred to the Court in the
relevant year (second number). The last two numbers indicate the
case's position on the list of cases referred to the Court since its
creation and on the list of the corresponding originating applications
to the Commission.
2. Rules of Court B, which came into force on 2 October 1994, apply
to all cases concerning the States bound by Protocol No. 9 (P9).
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Sitting in private at Strasbourg on 29 November 1996, and
composed of the following judges:
Mr A. Spielmann, Chairman,
Mr C. Russo,
Mr J. De Meyer,
and also of Mr H. Petzold, Registrar,
Having regard to the application against the Italian Republic
lodged with the Court on 29 October 1996 by an Italian national,
Mrs Bruna Mori Puddu, within the three-month period laid down by
Article 32 para. 1 and Article 47 of the Convention (art. 32-1,
art. 47);
Whereas Italy has recognised the compulsory jurisdiction of the
Court (Article 46 of the Convention (art. 46)) and ratified
Protocol No. 9 to the Convention (P9), Article 5 (P9-5) of which amends
Article 48 of the Convention (art. 48) so as to enable a person,
non-governmental organisation or group of individuals having lodged a
complaint with the European Commission of Human Rights
("the Commission") to refer the case to the Court;
Noting that the present case has not been referred to the Court
by either the Government of the respondent State or the Commission
under Article 48 para. 1 (a) or (d) of the Convention (art. 48-1-a,
art. 48-1-d);
Having regard to the Commission's report of 26 June 1996 on the
application (no. 17814/91) lodged with the Commission by Mrs Mori Puddu
on 19 October 1990;
Whereas the applicant complained of the length of proceedings in
the Italian administrative courts, to which she was a party, and
alleged breaches of Article 6 para. 1 of the Convention (art. 6-1),
under which "In the determination of his civil rights and obligations
..., everyone is entitled to a ... hearing within a reasonable time by
[a] ... tribunal ...", and Article 1 of Protocol No. 1 (P1-1), under
which every natural or legal person is entitled to the peaceful
enjoyment of his possessions;
Whereas the Commission, in its three decisions on admissibility,
declared admissible only the complaint relating to Article 6 para. 1
of the Convention (art. 6-1);
Whereas the applicant, in specifying the object of her
application, as required by Rule 34 para. 1 (a) of Rules of Court B,
stated that she sought a decision by the Court holding that there had
been a breach of Article 6 para. 1 of the Convention (art. 6-1) and
ordering the respondent State to pay her just satisfaction as
compensation for the damage she had allegedly sustained on account of
the length of the proceedings, taking into account in addition the
effects that the length of the period in question had had on her right
of property;
Having regard to Article 48 of the Convention (art. 48) and
Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,
1. Finds that
(a) the case raises no serious question affecting the interpretation
or application of the Convention, as the Court has already
established case-law on the "reasonable time" requirement in
Article 6 para. 1 of the Convention (art. 6-1), while
consideration of the complaint relating to Article 1 of
Protocol No. 1 (P1-1) lies outside its jurisdiction, as the
Commission has declared it inadmissible; and
(b) the case does not, for any other reason, warrant consideration
by the Court as, in the event of a finding that there has been
a breach of the Convention, the Committee of Ministers of the
Council of Europe can award the applicant just satisfaction,
having regard to any proposals made by the Commission;
2. Decides, therefore, unanimously, that the case will not be
considered by the Court.
Done in English and in French, and notified in writing on
15 January 1997 pursuant to Rule 34 para. 4 of Rules of Court B.
Signed: Alphonse SPIELMANN
Chairman
Signed: Herbert PETZOLD
Registrar
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