FIRST SECTION
DECISION
Application no. 32590/07
Donatella DE STASIO and Others against Italy
and 10 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 13 June 2023 as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to:
the applications lodged on the various dates indicated in the appended tables,
the declaration submitted by the respondent Government on 19 January 2023 requesting the Court to strike the applications out of the list of cases and the applicants’ reply to that declaration;
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The list of applicants is set out in the appended tables.
2. The applicants were represented by Mr. Giuseppe Ferraro, a lawyer practising in Naples.
3. The Italian Government (“the Government”) were represented by their Agent, Mr L. D’Ascia.
4. The applicants’ complaint under Article 6 of the Convention concerning the legislative interference pending judicial proceedings was communicated to the Government.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
6. The Court firstly takes note of the information regarding the death of certain applicants, indicated in Appendix I, and the wish of their heirs to continue the proceedings in their stead, as well as of the absence of an objection to that wish on the Government’s part. Therefore, the Court considers that the heirs indicated in Appendix I have standing to continue the proceedings in the late applicants’ stead.
7. On 19 January 2023 the Government informed the Court that all of the applicants listed in Appendix II had died. The applicants’ representative did not contest that information and no heirs have come forward.
8. Accordingly, the Court considers that it is no longer justified to continue the examination of the applications with respect to the applicants listed in Appendix II (Article 37 § 1 (c) of the Convention).
9. As concerns the applicants listed in Appendix I, on 19 January 2023, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these applicants. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
10. The Government acknowledged the legislative interference pending judicial proceedings. They offered to pay these applicants the amounts detailed in Appendix I and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
11. The payment will constitute the final resolution of the case.
12. The applicants were sent the terms of the Government’s unilateral declaration on 24 January 2023. On 20 February 2023, the Court received a response from the applicants’ representative refusing the terms of the declaration.
13. The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
14. Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the case to be continued (see, in particular, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
15. The Court has established clear and extensive case-law concerning complaints relating to the legislative interference pending judicial proceedings in Italy (see, for example, Arras and Others v. Italy, no. 17972/07, 14 February 2012; Natale and Others v. Italy, no. 19264/07, 15 October 2013; and Casacchia and Others v. Italy, nos. 23658/07 and 2 others, 15 October 2013).
16. In the present case, the Court takes note of the applicants’ argument that, with regard to certain applicants, the amounts offered are based on a standardised determination of damages. Nevertheless, the Court also notes that only a limited number of applicants have provided individual calculations of the amounts claimed, whereas the remaining ones generically referred to the applicable criteria and claimed that they were unable to submit a precise calculation. The Court recalls that it is for the applicants to prove, as far as possible, not only the existence but also the amount of the damage. Although the Court accepts that a precise calculation of the sums due is not always possible (see, for example, Kurić and Others v. Slovenia (just satisfaction) [GC], no. 26828/06, §§ 87-90, ECHR 2014), in the present case it is not convinced by the applicants’ arguments. The existence of the criteria mentioned by the common representative, along with the fact that some of the applicants have provided detailed calculations, indicates that at least an estimate of damages was possible in the present case. In these circumstances, the Court considers that the amounts offered by the Government are consistent with those that the Court would have awarded, based on the criteria adopted in similar cases (see, for example, Arras and Others, cited above).
17. Therefore, noting the admissions contained in the Government’s declaration, as well as the amount of compensation proposed, the Court considers that it is no longer justified to continue the examination of the applications relating to the concerned applicants (Article 37 § 1 (c)).
18. In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications with respect to the applicants concerned (Article 37 § 1 in fine).
19. Furthermore, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
20. In view of the above, it is appropriate to strike the applications out of the list of cases.
For these reasons, the Court, unanimously,
Decides to join the applications;
Holds that the heirs indicated in Appendix I have standing to pursue the proceedings in the stead of the deceased applicants;
Takes note of the death of the applicants listed in Appendix II and of the absence of any heirs wishing to pursue the proceedings before the Court in their stead;
Takes note of the terms of the respondent Government’s declaration concerning the remaining applicants (see Appendix I), and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 6 July 2023.
Liv Tigerstedt Péter Paczolay
Deputy Registrar President
Appendix I
Application no.
Case name
Introduction date
Applicant’s name
Year of birth
Amount awarded for pecuniary and non-pecuniary damage per applicant/household
(in euros)
Amount awarded for costs and expenses per applicant/household
(in euros)
32590/07
De Stasio and Others v. Italy
26/07/2007
Donatella DE STASIO
1975
Giuseppe PETROSILLO
1937
Household
Fernanda DE GREGORIO
1931
Luisella MASCIOLI
1957
Davide MASCIOLI
1982
Marta MASCIOLI
1985
4,400
6,000
4,600
200
200
200
12769/10
De Divitiis and Others v. Italy
18/12/2009
Household
Maria Antonietta IMPERIO
Born in 1933
Deceased in 2013
Francesco DE MATTIA
1959 (also as heir)
Antonio DE MATTIA
1961 (also as heir)
Alfonso Maria DE MATTIA
1965 (also as heir)
Adriana MAGGIA
1934
Marino BALZERANO
1950
Vittorio VEGLIANTE
1937
Alberto DE MARCO
1913
Vito Vittorio CARIGNANI
1943
Michele ANGELILLIS
1929
8,400
4,000
4,200
6,800
4,000
5,300
4,000
200
200
200
200
200
200
200
12770/10
Damiano and Others v. Italy
18/12/2009
Liliana DAMIANO
1951
Household
Maria Ludovica D’ANCHINO
1948
Donatella D’ANCHINO
1957
Annalisa D’ANCHINO
1955
Franco BENAZZO
Born in 1931
Deceased in 2015
Heirs
Nella PRIANO
1935
Michela BENAZZO
1969
Alessandro DI SALVIA
Born in 1940
Deceased in 2011
Heirs
Grazia ZAMBELLI
1938
Antonio Pio Giovanni DI SALVIA
1969
Angelo DI SALVIA
1979
Maria Antonietta CAPACCHIONE
1950
Franco DE BORTOLI
1942
4,900
8,700
4,300
6,600
4,200
6,700
200
200
200
200
200
200
12771/10
Acquisgrana and Others v. Italy
18/12/2009
Domenico ACQUISGRANA
1932
Carmela Silvana ANCORA
1944
Elisabetta CELENTANO
Born in 1920
Deceased in 2010
Heirs
Annamaria CUOMO
1947
Gilberto CUOMO
1952
Donatella CUOMO
1956
Lanfranco CUOMO
1962
Umberto PORPORA
1930
Carla VITAGLIANO STENDARDO
1950
Domenico GABRIELE
Born in 1933
Deceased in 2018
Heirs
Vincenza FALCONE
1946
Tommaso GABRIELE
1965
Corrado GABRIELE
1966
Alessandra GABRIELE
1974
Household
Maria AVERSA
1927
Antonio TALEVI
1952
Francesco TALEVI
1958
Egidio VERGINE
1930
Mauro BALDI
1940
Vito DE NITTO
1947
Checchina Santa SCARDINO
1923
Lidia MACCHIA
Born in 1925
Deceased in 2011
Heir
Rocco Roberto BRAY
1952
Household
Aida DE SOCIO
Born in 1919
Deceased in 2013
Silvia DI STEFANO
1953 (also as heir)
Annamaria DI STEFANO
1960 (also as heir)
4,000
4,000
4,000
4,000
4,000
4,000
4,000
4,000
4,000
4,000
4,000
4,000
4,000
200
200
200
200
200
200
200
200
200
200
200
200
200
12773/10
Mosca and Others v. Italy
18/12/2009
Giulio MOSCA
1936
Liliana SCARAIA
1941
Domenico SIMONELLI
1936
Silvano DUGGENTO
1943
Vito MODUGNO
1939
8,000
8,900
7,100
7,200
6,500
200
200
200
200
200
12774/10
Tiso and Others v. Italy
18/12/2009
Umberto TISO
1940
Household
Gaetano VOLLARO
1951
Antonio VOLLARO
1950
6,800
4,000
200
200
12775/10
Zeccardo and Others v. Italy
18/12/2009
Quirino ZECCARDO
Born 1923
Deceased in 2015
Heir
Michele ZECCARDO
1955
Ugo REPETTO
1948
Francesco Saverio RENDINA
1941
5,500
4,400
6,900
200
200
200
12778/10
Picarelli and Others v. Italy
18/12/2009
Manlio PISTOLESI
1933
Antonio RUSSO
1935
Household
Italo RUSSO
1951
Ludovico RUSSO
1948
7,800
8,100
7,900
200
200
200
12780/10
Pisano and Others v. Italy
18/12/2009
Pier Luigi PISANO
1943
Maria SANTONI
1948
Aldo PUGNO
1938
Girolamo PULINO
Born in 1925
Deceased in 2011
Heirs
Rita SPINELLI
1935
Adele PULINO
1960
Alessandra PULINO
1964
Vincenzo PULINO
1970
Erasmo NOCELLA
1940
Carlo MARTUCCI
1939
Lucia DI PAOLANTONIO
1950
Roberto CARUSO
1938
Clelia BELLONE
1953
Gennaro SPEZZAFERRO
1939
Vittorio LUPOLI
1940
Anna SGRO’
Born in 1923
Deceased in 2013
Heir
Rita SGRO’
1954
6,200
4,700
4,400
8,300
7,000
4,000
4,300
7,100
4,000
13,200
15,300
7,800
200
200
200
200
200
200
200
200
200
200
200
200
12781/10
Pescatori and Others v. Italy
18/12/2009
Gaetano PESCATORI
1938
Household
Eduardo PESCE
1959
Alessandra PESCE
1964
Annuziata DI LUCCI
1947
Francesco VASCETTA
1943
Household
Gabriella OLIVA
1938
Giacomo OLIVA
1941
Giorgio OLIVA
1943
Giovanni SASSO
Born in 1949
Deceased in 2019
Heir
Maria SASSO
1939
Massimino PERILLI
1932
Giuseppe SABATINI
Born in 1928
Deceased in 2019
Heirs
Salvatore SABATINI
1951
Enrica SABATINI
1958
Monica SABATINI
1961
Carlo GIACHERY
1925
Armando IANNETTA
1937
Aldo OTTONELLI
Born in 1933
Deceased in 2015
Heirs
Clara SANFRATELLO
1939
Valeria OTTONELLI
1968
Luca OTTONELLI
1969
Lorenzo INGLESE
Born in 1924
Deceased in 2018
Heirs
Gemma Marina DE MAIO
1930
Roberto INGLESE
1954
Riccardo INGLESE
1958
Giovanni Giuseppe VERRENGIA
1945
Antonio POMPILIO
Born in 1920
Deceased in 2010
Heir
Maria Filomena MONDELLI
1935
Giuseppe TARTAGLIONE
Born in 1938
Deceased in 2021
Heirs
Tommasina MAZZA
1939
Luigi TARTAGLIONE
1963
Iolanda TARTAGLIONE
1965
Rosa TARTAGLIONE
1966
Luciano MUCCIANTE
Born in 1926
Deceased in 2015
Heir
Tiziana MUCCIANTE
1961
Maria UMMARINO
1947
Household
Chiara Irene NOCERINO
1941
Maria NOCERINO
1946
Luigi Rosario Mauro NOCERINO
Born in 1949
Deceased in 2017
Heirs
Santa FORMISANO
1939
Rita Maria NOCERINO
1971
Salvatore
NOCERINO
1974
Household
Giancarla TORRIGLIA
1941
Sara SAMPELLEGRINI
1963
Marco SAMPELLEGRINI
1967
Emilio GRASSO
1947
Agata GENNARO
1932
Household
Agata GENNARO
1932
Concetta LABATE
1958
Demetrio LABATE
1961
Antonino LABATE
1966
Santina LABATE
1967
Household
Umberto SCALA
1949
Vincenzo SCALA
1954
Maurizio SCALA
1959
8,000
10,900
5,100
6,700
6,100
4,600
8,200
4,500
14,300
8,100
9,400
8,800
6,000
9,900
7,400
9,400
4,100
4,100
8,300
5,500
4,000
10,100
4,000
200
200
200
200
200
200
200
200
200
200
200
200
200
200
200
200
200
200
200
200
200
200
200
APPENDIX II
Application no.
Case name
Applicant’s name
Year of birth
Deceased in
32590/07
De Stasio and Others v. Italy
26/07/2007
Massimo RUSSO
1934
2020
12769/10
De Divitiis and Others v. Italy
18/12/2009
Gaetano DE DIVITIIS
1936
Giuseppina RIOTTA
1927
Piero GUERRINI
1949
2019
2020
2011
12770/10
Damiano and Others v. Italy
18/12/2009
Anna DE GIORGIO
1920
Mario DEL PIZZO
1937
2022
2019
12771/10
Acquisgrana and Others v. Italy
18/12/2009
Oscar GIULIANI
1925
Umberto GARZONIO
1923
Giovanni TRITAPEPE
1924
Angiola Maria TOSANOTTI
1925
Mario GAMBARDELLA
1924
2014
2020
2022
2010
2022
12774/10
Tiso and Others v. Italy
18/12/2009
Miranda PAOLETTI
1923
2022
12776/10
Filantropo and Others v. Italy
18/12/2009
Anna FILANTROPO
1912
Teresa Maria NICOLO
1943
2010
2011
12778/10
Picarelli and Others v. Italy
18/12/2009
Maria Elisa PICARELLI
1925
2015
12780/10
Pisano and Others v. Italy
18/12/2009
Gina CARDILLI
1929
Vincenza MAFFIONE
1922
Aldo GUIDA
1937
Rosaria DONATI
1940
2019
2020
2022
2017
12781/10
Pescatori and Others v. Italy
18/12/2009
Elio GIARDINA
1934
Marina GRIMALDI
1954
Luigi IMPERATO
1932
2021
2021
2021