Resolution ResDH(2001)49
concerning the judgment of the European Court of Human Rights
of 28 April 2000
in the case of Tolli against Italy
(Adopted by the Committee of Ministers on 26 February 2001
at the 741st 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Tolli case delivered on 28 April 2000 and transmitted to the Committee of Ministers on the same date under Article 46 of the Convention;
Recalling that the case originated in an application (No. 41842/98) against Italy, lodged with the European Commission of Human Rights on 9 April 1998 under former Article 25 of the Convention by Mr Fausto Tolli, an Italian national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit;
Whereas in its judgment of 28 April 2000 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent State and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Italy would pay the applicant, within three months, the sum of 13 000 000 Italian lire in respect of damage and 3 000 000 Italian lire in respect of costs and expenses, i.e. the total sum of 16 000 000 Italian lire;
Recalling that Rule 44, paragraph 2, of the Rules of Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46 of the Convention;
Having satisfied itself that on 8 June 2000, within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent State had paid the applicant the sum provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court's judgment,
Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
Full & Egal Universal Law Academy