In the case of Vernillo 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 15/1995/521/607. 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 20 February 1995 by the heirs of
Mr Generoso Vernillo (who died on 27 September 1994), Italian
nationals, 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 12 October 1994
on the application (no. 16087/90) lodged with the Commission by
Mr Vernillo on 16 October 1989;
Whereas the applicant's heirs 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's heirs, in specifying the object of
their application, as required by Rule 34 para. 1 (a) of Rules of Court
B, stated that they sought a decision by the Court holding that there
had been a breach of Article 6 para. 1 (art. 6-1) of the Convention and
awarding them just satisfaction;
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's
heirs 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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