FIRST SECTION
DECISION
Application no. 12579/04
E.P. S.R.L. against Italy
and 12 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 29 November 2018 as a Committee composed of:
Aleš Pejchal, President,
Jovan Ilievski,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Italian Government (“the Government”).
After unsuccessful friendly-settlement negotiations, the Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the excessive length of civil proceedings. They offered to pay the applicants the amounts detailed in the appended table 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.
The payment will constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the declaration.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 20 December 2018.
Liv TigerstedtAleš Pejchal
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for non-pecuniary damage
per applicant unless indicated “jointly”
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
12579/04
26/06/1999
E.P. S.r.l.
Vico Renato
Bergamo
12/07/2018
12/09/2018
2,000
250
19281/04
15/06/2000
E.P. S.r.l.
Vico Renato
Bergamo
12/07/2018
12/09/2018
6,600
250
22838/04
23/03/2004
(3 applicants)
Antonello ROMEI
06/10/1959
Angela Resy ROMEI
04/11/1955
Silvia FICOCIELLO
02/01/1934
Forgione Salvatore
Telese Terme
12/07/2018
12/09/2018
4,100
250
37756/05
12/10/2005
Abele PIGNA
16/11/1952
Forgione Salvatore
Telese Terme
12/07/2018
12/09/2018
1,300
250
12984/06
27/03/2006
Roberta SMANASSI
09/12/1964
Abbate Ferdinando Emilio
Orte
12/07/2018
14/09/2018
400
250
15575/06
08/04/2006
Gaetano FALLACARA
23/11/1955
Abbate Ferdinando Emilio
Orte
12/07/2018
14/09/2018
800
250
5310/07
31/01/2007
Giacomo COLANGELO
31/10/1950
Forgione Salvatore
Telese Terme
12/07/2018
12/09/2018
2,000
250
19645/08
04/04/2008
Immacolata MARCHISANO
31/10/1969
Marra Maria Teresa
Naples
12/07/2018
04/10/2018
1,300
250
20438/08
04/04/2008
Anna Maria MIRANDA
18/05/1956
Marra Maria Teresa
Naples
12/07/2018
04/10/2018
1,800
250
20479/08
04/04/2008
(7 applicants)
Emilia RAUCCI
22/10/1955
Marianna RAUCCI
05/06/1954
Antonietta RAUCCI
23/09/1957
Michelina RAUCCI
28/11/1960
Annamaria RAUCCI
10/08/1965
Filomena RAUCCI
05/01/1967
Angelina RAUCCI
27/03/1970
Marra Maria Teresa
Naples
12/07/2018
04/10/2018
1,500
250
39655/08
15/07/2008
Guglielmo GELSOMINI
11/07/1956
Marra Maria Teresa
Naples
12/07/2018
04/10/2018
1,000
250
65331/09
28/11/2009
Anna MARCHESE
31/01/1976
Marra Maria Teresa
Naples
12/07/2018
04/10/2018
1,000
250
65343/09
26/11/2009
Sebastiano VITIELLO
06/10/1957
Marra Maria Teresa
Naples
12/07/2018
04/10/2018
800
250
[1]. Plus any tax that may be chargeable to the applicants.
[2]. Plus any tax that may be chargeable to the applicants.
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