CASE OF SCOPELLITI AGAINST ITALY



     The Committee of Ministers, under the terms of Article 54

(art. 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 Scopelliti case delivered on 23 November 1993 and

transmitted the same day to the Committee of Ministers;

     Recalling that the case originated in an application

(No. 15511/89) against Italy lodged with the European Commission of

Human Rights on 6 April 1989 under Article 25 (art. 25) of the

Convention by Mrs Antonia Scopelliti, an Italian national, and that

the Commission declared admissible the complaint concerning the

excessive length of certain civil proceedings;

     Recalling that the case was brought before the Court by the

Government of Italy on 28 October 1992;

     Whereas in its judgment of 23 November 1993 the Court

unanimously:

     - held that there had been a violation of Article 6,

paragraph 1 (art. 6-1);

     - held that the finding of this violation constituted

sufficient just satisfaction for any non-pecuniary damage

sustained;

     - held that the respondent state was to pay to the applicant,

within three months, 11 546 310 Italian lire for costs and

expenses;

     - rejected the remainder of the applicant's claim for just

satisfaction;

     Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

     Having invited the Government of Italy to inform it of the

measures which had been taken in consequence of the judgment of

23 November 1993 having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

     Whereas the Government of Italy recalled that measures had

already been taken to prevent the repetition of the violation found

in this case, through the entry into force on 30 April and

1 May 1995 of two laws restructuring the civil courts and speeding

up the civil proceedings (see Resolution DH (95) 82 in the case of

Zanghì against Italy);

     Having satisfied itself that on 5 May 1994 the Government of

Italy paid the applicant the sum provided for in the judgment

of 23 November 1993,

     Declares, after having taken note of the information supplied

by the Government of Italy, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

 

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