Information Note on the Court’s case-law No.
November-December 1991
Gilberti v. Italy - 12665/87
Judgment 3.12.1991
Article 37
Article 37-1
Striking out applications
Article 37-1-a
Absence of intention to pursue petition
Length of civil proceedings: struck out
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries. It also covers the following judgments of 3 December 1991 against Italy: Nonnis (12785/87), Trotto (12828/8712828/87), Cattivera (12956/87), Seri (13009/87), Gori (13338/87), Casadio (12698/87), Testa (12786/87), Covitti (12921/87), Zonetti (13050/87), Simonetti (13103/87) and Dal Sasso (13337/87).]
ARTICLE 37 § 1: Striking out applications + § 1 (a): Absence of intention to pursue petition
Length of civil proceedings: struck out
Lack of interest manifested by applicants in the proceedings pending before the Court: implied withdrawal constituting “fact of a kind to provide a solution of the matter”. No reason of ordre public (public policy) for continuing the proceedings.
Conclusion: cases ordered to be struck out of the list, subject to the possibility of their being restored thereto in the event of a new situation justifying such a course (unanimously).
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This summary by the Registry does not bind the Court.
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