Resolution ResDH(2005)51
concerning the judgments of the European Court of Human Rights delivered
between 5 April 2000 and 7 May 2002 (Friendly settlements)
in 8 cases against Italy (see appendix) relating to the excessive length of proceedings concerning civil rights and obligations before the Court of Audit
(Adopted by the Committee of Ministers on 21 June 2005,
at the 928th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgments of the European Court of Human Rights in the 8 cases listed in the appendix to this Resolution, which were delivered between 5 April 2000 and 7 May 2002 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that these cases originated in applications (see appendix) against Italy, lodged between 4 March 1997 and 30 April 1999 with the European Commission or with the European Court of Human Rights under former Article 25 of the Convention or Article 34 of the Convention, by several Italian nationals, and that the Court declared admissible the complaints relating to the excessive length of proceedings concerning civil rights and obligations before the Court of Audit;
Whereas in its judgments delivered between 5 April 2000 and 7 May 2002 concerning these cases the Court, after having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike these cases out of its list and took note of the parties' undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under the above-mentioned friendly settlements it was agreed that the Government of Italy would pay the applicants certain sums (see appendix), within three months as from the notification of the judgments;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on dates indicated in the appendix, the Government of the respondent State had paid the applicants the sums provided for in the friendly settlement, the applicants in the cases of Ferroni, Chiappetta, Libertini and Di Girolamo and Betti having waived payment of default interest, and that no other measure was required in the present cases to conform to the Court's judgment;
Declares, after having examined the information supplied by the Government of Italy, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases.
Appendix to Resolution ResDH(2005)51
Details of the sums agreed to in the friendly settlements
Case
Application
Date of judgment
Non-pecuniary damage
Costs
Global amount
Date of payment
PASCALI and CONTE
41823/98
05/04/00
12 000 000 ITL
12 000 000 ITL
14/11/00 + interests
MARRAMA
44359/98
28/03/02
18 000 000 ITL
09/12/02
STRANGI
54286/00
07/05/02
5 681.03 €
29/07/02
FERRARI
54287/00
28/03/02
20 658.28 €
18/07/02
CHIAPPETTA
54293/00
28/03/02
4 131.66 €
671.39 €
4 803.05 €
04/07/02
LIBERTINI and DI GIROLAMO
54299/00
28/03/02
12 911.40 €
3 021.26 €
15 932.66 €
15/12/02
MELEDDU
54307/00
21/02/02
3 098.74 €
03/05/02
BETTI
54316/00
28/03/02
12 911.42 €
5 057.15 €
17 968.57 €
04/07/02
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