FIRST SECTION
DECISION
AS TO THE ADMISSIBILITY OF
Application no. 39451/98
by Giovanna FIORENTINI-VIZZINI
against Italy
The European Court of Human Rights (First Section), sitting on 13 December 2001 as a Chamber composed of
MrC.L. Rozakis, President,
MrG. Bonello,
MrP. Lorenzen,
MrsN. Vajić,
MrsS. Botoucharova,
MrV. Zagrebelsky,
MrsE. Steiner, judges,
and Mr E. Fribergh, Section Registrar
Having regard to the above application introduced with the European Commission of Human Rights on 17 June 1998 and registered on 21 January 1998,
Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
THE FACTS
The applicant is an Italian national, born in 1916 and living in Ponteranica (Bergamo).
The facts of the case, as submitted by the parties, may be summarised as follows:
The applicant is the owner of an apartment in Milan, which she had let to V.C.
The tenant fell in rent arrears.
In a writ served on the tenant on 29 May 1984, the applicant informed the tenant of her intention to terminate the lease and summoned the tenant to appear before the Milan Magistrate.
By a decision of 5 June 1984, which was made enforceable on 5 July 1984, the Milan Magistrate upheld the validity of the notice to quit and ordered that the premises be vacated by 5 June 1985.
On an unspecified date, the applicant served notice on the tenant requiring him to vacate the premises.
On an unspecified date the applicant served notice on the tenant informing him that the order for possession would be enforced by a bailiff on 29 July 1986.
Between 29 July 1986 and 20 September 1993 the bailiff made twenty-five attempts to recover possession.
Each attempt proved unsuccessful, as the applicant was never granted the assistance of the police in enforcing the order for possession.
On 25 November 1993, the applicant recovered possession of the apartment.
THE LAW
The applicant complains under Article 1 of Protocol No. 1 to the Convention that her inability to recover possession of her apartment amounted to a violation of the right to property.
The applicant further complains under Article 6 of the Convention about the duration of the eviction proceedings.
The Government argue that the arrangements for staggering the police assistance were an administrative issue, entirely separate from and independent of the judicial process and therefore outside the scope of Article 6.
The Court recalls that it has already held that Article 6 of the Convention is applicable to the tenants’ eviction proceedings (see the judgment Immobiliare Saffi v. Italy [GC], no. 22774/93, §§ 62-63, ECHR 1999-V). The Court sees no reason to depart from its previous finding. This objection should therefore be rejected.
On the merits, the Government maintain that the measures in question amount to a control of the use of property which pursues the legitimate aim of avoiding the social tensions and troubles to public order that would occur if a considerable number of orders for possession were to be enforced simultaneously. In their opinion, the interference with the applicant’s property rights was not disproportionate.
As to the length of the enforcement proceedings, the Government maintain that the delay in providing the assistance of the police is justified by the protection of the public interest.
The applicant argues that the refusal of the administration to enforce the order issued by the magistrate has interfered with the power of the judiciary.
The Court considers that the application raises complex and serious issues, which require a determination on the merits. It follows that it cannot be considered manifestly ill founded within the meaning of Article 35 § 3 of the Convention. No other ground for declaring the application inadmissible has been established.
For these reasons, the Court unanimously
Declares the application admissible, without prejudging the merits of the case.
Erik FriberghChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy