Resolution CM/ResDH(2010)129[1]
Execution of the judgment of the European Court of Human Rights
Grasso, Casotti, Cresci, Mazzon, Gianvito, Scorziello & Giuseppe Scannella and others against Italy
(see details in Appendix)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in these cases concern restrictions on the personal capacity of the applicants, ordered in the framework of bankruptcy proceedings against them and the absence of a remedy to complain of those restrictions (violations of Articles 8 and 13) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2010)129
Information on the measures taken to comply with the judgments in the cases of
Grasso, Casotti, Cresci, Mazzon, Gianvito, Scorziello & Giuseppe Scannella and others against Italy
Introductory case summary
These cases concern restrictions on the personal capacity of the applicants, ordered in the framework of bankruptcy proceedings against them. As a result of being automatically registered as bankrupt, the applicants were barred from a number of professional activities (managing agent of a property, stockbroker, auditor, arbitrator, administrator or liquidator of commercial companies) as well as from the rolls of certain professions (advocate, notary, commercial adviser). They could not obtain rehabilitation and thus put an end to these restrictions until five years after the closure of the bankruptcy proceedings. The European Court considered that this interference, based on Article 50 of the Bankruptcy Act, was not necessary in a democratic society (violation of Article 8). Furthermore the European Court held that the applicants disposed of no effective remedy (violation of Article 13 in all cases, except for the cases Casotti, Scorziello and Giuseppe Scannella and others).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Name and application number
Date of judgment
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Paid on
Grasso
29222/03
judgment of 13 November 2007 final on 13/02/2008
-
-
2.000,00 EUR
2.000,00 EUR
27/05/2008
Casotti
26041/04
judgment of 31 July 2007 final on 10/12/2007
-
-
2.000,00 EUR
2.000,00 EUR
04/04/2008
Cresci
35783/03
judgment of 13 November 2007 final on 02/06/2008
-
-
2.000,00 EUR
2.000,00 EUR
10/10/2008
Mazzon
896/04
judgment of 15 January 2008 final on 15/04/2008
-
-
2.000,00 EUR
2.000,00 EUR
11/08/2008
Gianvito
27654/03
judgment of 12 June 2007 final on 12/09/2007
-
-
1.150,00 EUR
1.150,00 EUR
27/02/2008
Scorziello
22689/04
judgment of 31 July 2007 final on 10/12/2007
-
-
2.000,00 EUR
2.000,00 EUR
04/04/2008
Giuseppe Scannella and others
33873/04
judgment of 09 July 2009 final on 06/11/2009
-
-
-
-
-
b) Individual measures
No individual measure is necessary as the restrictions on the applicants were lifted by the reform of bankruptcy law of 2006. The European Court found the finding of violation in these cases constituted in itself sufficient just satisfaction in respect of the non-pecuniary damage sustained.
II.General measures
Legislative Decree No. 5/2006, adopted in January 2006, has resolved the questions raised in the Court’s judgments in these cases. Article 47 has removed the restriction on personal capacity (for further details see Resolution CM/ResDH(2008)45, adopted by the Committee of Ministers in the cases of Albanese, Campagnano and Vitiello against Italy, on 25 June 2008).
III.Conclusions of the respondent state
The government considers that no individual measures are necessary in these cases, apart from the payment of the just satisfaction awarded by the European Court, that the general measures adopted will prevent similar violations and that Italy has thus complied with its obligations under Article 46 paragraph 1 of the Convention.
[1] Adopted by the Committee of Ministers on 15 September 2010 at the 1092nd meeting of the Ministers’ Deputies
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