Resolution CM/ResDH(2007)142[1]
Execution of the judgments of the European Court of Human Rights
14 cases concerning non-execution of court orders to evict tenants
against Italy
(Application Nos. (see details in Appendix), friendly settlements)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the admissible complaints in these cases concerned systematic infringements of landlords' right to respect for their property because of failure to implement domestic court decisions ordering the eviction of the tenants, this failure results from a combination of the staggering of executions, the lack of assistance from the police and legislation authorising temporary suspension;
Whereas in these cases the Court, 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 these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see details in Appendix), within three months as from the notification of the judgments;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards 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, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the government of the respondent state paid the applicants the sums provided for in the friendly settlement, in conditions accepted by the applicants (see details in Appendix);
Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new complaints of the same kind as that found in these cases (see Resolution DH(2007)84 in the cases Immobiliare Saffi and 156 other cases against Italy);
Having examined the information supplied by the government of Italy,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and DECIDES to close their examination.
Appendix to Resolution CM/ResDH(2007)142
Information about the measures to comply with the judgments in 14 cases
concerning non-execution of court orders to evict tenants
against Italy
Details of payments
Case name and application No.
Date of Judgment,
final on
Global amount
in ITL
Date of payment
BIFFONI
46079/99
24/10/2002
final on 24/10/2002
7 500
10/02/2003
CANDELA
35997/97
30/01/2003
final on 30/01/2003
8 000
07/05/2003
CARLONI TARLI
48840/99
30/05/2003
final on 30/05/2003
5 000
08/10/2003
F. and F.
31928/96
24/10/2002
final on 24/10/2002
6 000
10/02/2003
FERRETTI
60660/00
06/03/2003
final on 06/03/2003
6 085
30/06/2003
FIORENTINI VIZZINI
39451/98
19/12/2002
final on 19/12/2002
6 000
08/04/2003
G.G.
42414/98
20/02/2003,
final on 20/02/2003
5 085
26/06/2003
GIANOTTI
39690/98
03/10/2002
final on 03/10/2002
4 500
29/01/2003
NOTARGIACOMO
63600/00
09/10/2003
final on 09/10/2003
7 100
20/01/2004
NUTI
60662/00
03/07/2003
final on 03/07/2003
6 200
21/10/2003
SARTORELLI
47895/99
24/10/2002
final on 24/10/2002
12 000
10/02/2003
SAVARESE
55673/00
20/02/2003
final on 20/02/2003
2 500
09/07/2003
TACCHINO and SCORZA
34714/97
18/07/2002
final on 18/07/2002
6 500
29/10/2002
VISCA
36734/97
07/11/2002
final on 07/11/2002
10 500
11/02/2003
[1] Adopted by the Committee of Ministers on 31 October 2007 at the 1007th meeting of the Ministers’ Deputies
Full & Egal Universal Law Academy