INTERIM resolution DH () 412
HUMAN RIGHTS
APPLICATION No. 35287/97
DE SIMON AND INCONTRERA AGAINST ITALY
(Adopted by the Committee of Ministers on 12 November 1998
at the 647th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the report drawn up on 10 March 1998, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 3 May 1995 by two Italian nationals, Mr Luciano De Simon and Ms Isabella Incontrera, against Italy;
Whereas on 13 May 1998 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;
Whereas in their application, declared admissible by the Commission on 9 December 1997, the applicants complained of the excessive length of certain civil proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;
Whereas, at the 647th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 12 November 1998, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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