The Committee of Ministers, under the terms of Article 32
(art. 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 28 February 1995 by
the European Commission of Human Rights in accordance with
Article 31 (art. 31) of the Convention relating to the application
lodged on 24 May 1993 by Mr F. B. against Italy
(Application No. 23595/94);
Whereas on 28 April 1995 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 (art. 32-1),
of the Convention has elapsed without the case having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in his application, declared admissible by the
Commission on 7 December 1994, the applicant 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 (art. 6-1), of the Convention;
Whereas, at the 546th meeting of the Ministers' Deputies held
on 19 October 1995, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
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
15 September 1995;
Whereas, at the 549th meeting of the Deputies held on
20 November 1995, the Committee of Ministers decided, in
accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of Italy was to pay the applicant
as just satisfaction, within three months, 2 500 000 Italian lire
in respect of non-pecuniary damage and 500 000 Italian lire in
respect of costs and expenses, namely a total sum of 3 000 000
Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions
of 19 October 1995 and 20 November 1995, having regard to Italy's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
Whereas the Government of Italy recalled that measures had
already been taken to prevent the repetition of the violation
found in this case, notably through the entry into force on 30
April and 1 May 1995 of two laws restructuring the civil courts
and speeding up the proceedings in civil cases (see Resolution DH
(95) 82 in the case of Zangh against Italy);
Whereas the Committee of Ministers satisfied itself that
on 18 March 1996 the Government of Italy paid the applicant the
total sum of 3 000 000 Italian lire as just satisfaction,
Declares, having taken note of the measures taken by the
Government of Italy, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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