CASE OF SCOTTI v. ITALY



        In the case of Scotti 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 29/1995/535/621.  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 28 April, 29 June and

1 September 1995, and composed of the following judges:

        Mr Thór Vilhjálmsson, Chairman,

        Mr F. Gölcüklü,

        Mr C. Russo,

and also of Mr H. Petzold, Registrar,

        Having regard to the application against the Italian Republic

lodged with the Court on 7 March 1995 by an Italian national,

Mr Marcello Scotti, within the three-month period laid down by

Article 32 para. 1 and Article 47 (art. 32-1, art. 47) of the

Convention;

        Whereas Italy has recognised the compulsory jurisdiction of

the Court (Article 46 of the Convention) (art. 46) and ratified

Protocol No. 9 (P9) to the Convention, Article 5 (P9-5) of which amends

Article 48 (art. 48) of the Convention 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) (art. 48-1-a,

art. 48-1-d) of the Convention;

        Having regard to the Commission's report of 18 October 1994

on the application (no. 14578/89) lodged with the Commission by

Mr Scotti on 14 October 1988;

        Whereas the applicant complained of the length of proceedings

in an Italian civil court, to which he was a party, and alleged a

breach of Article 6 para. 1 (art. 6-1) of the Convention, under which

"In the determination of his civil rights and obligations ..., everyone

is entitled to a ... hearing within a reasonable time by [a] ...

tribunal ...";

        Whereas the applicant, in specifying the object of his

application, as required by Rule 34 para. 1 (a) of Rules of Court B,

stated that he sought a decision by the Court on the alleged violation

of the Convention;

        Having regard to Article 48 (art. 48) of the Convention 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 (art. 6-1) of the

        Convention; 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

13 September 1995 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: THÓR VILHJÁLMSSON

        Chairman

Signed: Herbert PETZOLD

        Registrar

 

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