Resolution CM/ResDH(2026)79
Execution of the judgment of the European Court of Human Rights
Vainieri and Others against Italy
(Adopted by the Committee of Ministers on 29 April 2026
at the 1558th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
15550/11
VAINIERI AND OTHERS
14/12/2023
14/12/2023
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 final judgment transmitted by the Court to the Committee in this case and to the violation of Article 6, paragraph 1, of the Convention established on account of the application of newly enacted legislation to pending court proceedings, concerning the calculation of the retirement pensions of Italian nationals who were employed by airline companies, which had effectively decided the outcome of these proceedings in favour of the State;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having noted the information provided regarding the payment of the just satisfaction awarded by the Court;
Considering that the question of individual measures was resolved, given that the just satisfaction awarded to compensate the damage suffered by the applicants was duly paid and erased all the negative consequences for them of the violation established;
Recalling that the question of the retrospective application of the legislation concerned continues to be examined within the framework of the group of cases Avellone v. Italy, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of these measures;
Recalling that the question of the general measures required to ensure that laws with retroactive effect are enacted in conformity with the Convention’s standards was examined in the framework of the group of cases Agrati and Others v. Italy (see Decision CM/Del/Dec(2019)1348/H46-12);
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the question of individual measures has been resolved;
DECIDES to continue to supervise the question of the application of the disputed legislation to proceedings pending at the date of its adoption in the group of cases Avellone v. Italy;
DECIDES to close the examination of this case.