Resolution ResDH(2003)77
concerning the judgments of the European Court of Human Rights
of 21 November 2000 (final on 21 February 2001)
in five 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 24 April 2003
at the 834th 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 judgments of the European Court of Human Rights in the five cases listed in the Appendix to this resolution, delivered on 21 November 2000 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the cases originated in applications against Italy, lodged with the European Commission of Human Rights between 23 March 1998 and 30 April 1998 under former Article 25 of the Convention by five Italian nationals, and that the Court, seised of the cases under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints related to the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit;
Whereas in its judgments of 21 November 2000 concerning these cases the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay the applicants, within three months from the date on which the judgments became final, certain sums (details of which appear in the Appendix to this resolution) as just satisfaction and that simple interest at an annual rate of 2,5% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants’ claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgments of 21 November 2000, having regard to Italy’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
Having satisfied itself that on the dates indicated in the appendix, after expiry of the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgments of 21 November 2000, and that the default interest due was paid on 6 December 2000, and that no other measure was required in the present cases to conform to the Court’s judgment,
Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2003)77
Details of the just satisfaction awarded to the applicants
Cases
Non-Pecuniary damage
Costs and expenses
Total
Payment on
CALVANI Arnaldo
44365/98
70 000 000 Italian lire
5 000 000 Italian lire
75 000 000 Italian lire
11/09/2001
D’INNELLA Giancarlo
44370/98
89 000 000 Italian lire
2 000 000 Italian lire
91 000 000 Italian lire
03/07/2001
G.G.
44367/98
56 000 000 Italian lire
4 000 000 Italian lire
60 000 000 Italian lire
15/10/2001
Pe. C.1
44369/98
35 000 000 Italian lire
3 000 000 Italian lire
38 000 000 Italian lire
15/10/2001
SAPIA Maria
44368/98
97 000 000 Italian lire
4 000 000 Italian lire
101 000 000 Italian lire
15/10/2001
Note 1 Ms R.B. expressed the wish to continue the procedure before the Court after the death of the applicant, Ms Pe. C.
Full & Egal Universal Law Academy