Communicated on 7 November 2019
FIRST SECTION
Application no. 76968/14
Giovanni GALLUCCI against Italy
and 9 other applications
(see list appended)
SUBJECT MATTER OF THE CASES
The applications concern the application of retrospective legislation, specifically Article 1 § 218 of Law no. 266/2005 of 23 December 2005 to pending national proceedings commenced by the applicants.
The applicants had initially been employed by the local government authorities. When they were transferred, under Article 8 of Law no. 124/1999, to work for the Ministry of Education, Universities and Research, their length of service with the local government authorities, their original employer, was not fully recognised for financial and legal purposes. The applicants lodged proceedings before the domestic courts arguing that the conversion of their salary into a notional length of service with the new employer upon transfer had been unlawful and detrimental. They sought placement in the professional grade corresponding to their full length of service from the date of the transfer as well as the determination of any compensation due to them. When those proceedings were pending at different levels of jurisdiction, Article 1 § 218 of Law no. 266/2005 of 23 December 2005 entered into force. This provision intended to give effect to what the legislator claimed to be the original intention of the Parliament when adopting Article 8 of Law no. 124/1999. Relying on that interpretative law the domestic courts dismissed the applicants’ claims. The applicants lodged an appeal. In the course of the last proceedings, following the judgement of the Court of Justice of the European Union of 6 September 2011 in Scattolon, C-108/10, the Court of Cassation remitted those cases to the competent courts of appeal for determination of whether the applicants had suffered a substantial loss of salary solely as a result of the transfer. By a number of judgments delivered between 2014 and 2016 the courts of appeal ruled that the applicants had not suffered a substantial loss of salary.
QUESTIONS TO THE PARTIES
1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?
2. Did the applicants have a fair hearing in the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention?
In particular, was there interference by the legislature with the administration of justice designed to influence the judicial determination of a dispute on account of the retrospective application to their case of Article 1, § 218, of Law no. 266/2005 (see Agrati and Others v. Italy, nos. 43549/08 and 2 others, 7 June 2011)?
If so, was that interference based on compelling grounds of general interest?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Date of Birth
Place of Residence
Nationality
Represented by
Notes
1
76968/14
Gallucci v. Italy
04/12/2014
Giovanni GALLUCCI
02/01/1944
Altilia
Italian
Giulio BRUNO
i. Court of Cosenza judgment no. 985/05 deposited on 31 March 2005
ii. Court of Appeal of Catanzaro judgment no. 316/08 deposited on 11 March 2008
iii. Court of Cassation judgment no. 19498/12 deposited on 9 November 2012
iv. Court of Appeal of Salerno judgment no. 535/2014 deposited on 16 May 2014
2
38665/15
Marsiglione v. Italy
27/07/2015
Girolamo MARSIGLIONE
02/02/1960
Leonforte
Italian
Domenico NASO
i. Court of Nicosia judgment no. 132/2004 deposited on 8 July 2004
ii. Court of Appeal of Caltanissetta judgment no. 115/2006 deposited on 3 March 2006
iii. Court of Cassation judgment no. 27706/11 deposited 20 December 2011
iv. Court of Appeal of Caltanissetta judgment no. 847/2014 deposited on 3 February 2015
3
38668/15
Timpanaro v. Italy
27/07/2015
Alfonso TIMPANARO
13/08/1953
Leonforte
Italian
Domenico NASO
i. Court of Nicosia judgment no. 136/2004 deposited on 8 July 2004
ii. Court of Appeal of Caltanissetta judgment no. 117/2006 deposited 3 March 2006
iii. Court of Cassation judgment no. 28226/11 deposited on 22 December 2011
iv. Court of Appeal of Caltanissetta judgment no. 884/2014 deposited on 28 January 2015
4
38675/15
Beninato v. Italy
27/07/2015
Maria Assunta BENINATO
13/01/1942
Nicosia
Italian
Domenico NASO
i. Court of Nicosia judgment no. 90/2004 deposited on 29 April 2004
ii. Court of Appeal of Caltanissetta judgment no. 114/2006 deposited on 3 March 2006
iii. Court of Cassation judgment no. 27705/11 deposited on 20 December 2011
iv. Court of Appeal of Caltanissetta judgment no.886/2014 deposited on 28 January 2015
5
38890/15
Giuliano v. Italy
28/07/2015
Angela GIULIANO
12/09/1945
Cerami
Italian
Domenico NASO
i. Court of Nicosia judgment no. 139/2004 deposited on 8 July 2004
ii. Court of Appeal of Caltanissetta judgment no. 30/2006 deposited 8 February 2006
iii. Court of Cassation judgment no. 27700/11 deposited on 20 December 2011
iv. Court of Appeal of Caltanissetta judgment no. 850/2014 deposited on 3 February 2015
6
38897/15
La Bianca v. Italy
28/07/2015
Antonino LA BIANCA
27/07/1969
Nossoria
Italian
Domenico NASO
i. Court of Nicosia judgement no. 143/2004 deposited on 8 July 2004
ii. Court of Appeal of Caltanissetta judgment no. 33/2006 deposited on 8 February 2006
iii. Court of Cassation judgment no. 28222/11 deposited on 22 December 2011
iv. Court of Appeal of Caltanissetta judgment no.848/2014 deposited on 3 February 2015
7
39171/15
Sanfilippo v. Italy
28/07/2015
Alfonso SANFILIPPO
19/10/1959
Assoro
Italian
Domenico NASO
i. Court of Nicosia judgment no. 144/2004 deposited on 8 July 2004
ii. Court of Appeal of Caltanissetta judgment no. 47/2006 deposited on 8 February 2006
iii. Court of Cassation judgment no. 27701/11 deposited on 20 November 2011
iv. Court of Appeal of Caltanissetta judgment no. 885/2014 deposited on 28 January 2015
8
39318/15
Circasso v. Italy
28/07/2015
Maria Corradina CIRCASSO
26/10/1957
Nicosia
Italian
Domenico NASO
i. Court of Nicosia judgment no. 142/2004 deposited on 8 July 2004 Court of Appeal of Caltanissetta judgment no. 46/2006 deposited on 8 February 2006
ii. Court of Cassation judgment no. 28223/11 deposited on 22 December 2011
iii. Court of Appeal of Caltanissetta judgment no.849/2014 deposited on 3 February 2015
9
39496/15
Giordano v. Italy
28/07/2015
Maria Giuseppa GIORDANO
09/09/1954
Cerami
Italian
Domenico NASO
i. Court of Nicosia judgment no. 138/2004 deposited on 8 July 2004
ii. Court of Appeal of Caltanissetta judgment no. 112/2006 deposited on 3 March 2006
iii. Court of Cassation judgment no. 28225/11 deposited on 22 December 2011
iv. Court of Appeal of Caltanissetta judgment no.852/2014 deposited 4 February 2015
10
25059/16
Mensa v. Italy
29/04/2016
Lucia MENSA
06/06/1956
Mazze’
Italian
Pier Giuseppe POGLIANO
i. Court of Ivrea judgment no. 43/04 deposited on 5 April 2004
ii. Court of Appeal of Turin judgment no. 126/2006 deposited 3 February 2006.
iii. Court of Cassation judgment no. 4306/13 deposited on 21 February 2013
iv. Court of Appeal of Milano judgment no.1237/15 deposited on 16 February 2016
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