Final Resolution ResDH(2001)36
Human Rights
Application No. 37189/97
Comerci 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 former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH (99) 310, adopted on 15 April 1999 in the case of Comerci against Italy, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit and to make public the report of the European Commission of Human Rights;
Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 30 March 1999;
Whereas at the 672nd meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 9 June 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 13 500 000 Italian lire in respect of non-pecuniary damage and 2 500 000 Italian lire in respect of costs and expenses, namely a total sum of 16 000 000 and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 15 April 1999 and 9 June 1999, having regard to Italy's obligation under former Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State indicated that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned;
Whereas the Committee of Ministers satisfied itself that on 17 September 1999 the Government of the respondent State had paid the applicant the total sum of 16 000 000 Italian lire as just satisfaction, within one month of the time-limit set, and thus no default interest was due in accordance with the above-mentioned decision of the Committee of Ministers on just satisfaction,
Declares, after having taken note of the measures taken by the Government of Italy, that it has exercised its functions under former Article 32 of the Convention in this case.
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