GIUSTO AGAINST ITALY



The Committee of Ministers, under the terms of Article 32 (art. 32) of the

Convention for the Protection of Human Rights and Fundamental Freedoms

(hereinafter referred to as "the Convention"),

Having regard to the report drawn up on 5 March 1996 by the European

Commission of Human Rights in accordance with Article 31 (art. 31) of the

Convention relating to the application lodged on 28 March 1994 by Mr Carlo

Giusto against Italy (Application No. 26838/95);

Whereas on 23 April 1996 the Commission transmitted the said report to the

Committee of Ministers and whereas the period of three months provided for in

Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the

case having been brought before the European Court of Human Rights in pursuance

of Article 48 (art. 48) of the Convention;

Whereas in his application, declared admissible by the Commission on 5

December 1995, the applicant complained of the excessive length of certain civil

proceedings;

Whereas in its report the Commission expressed, unanimously, the opinion

that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

Whereas at the 576th meeting of the Ministers' Deputies, the Committee of

Ministers, agreeing with the opinion expressed by the Commission, held, in a

decision adopted on 15 November 1996, having voted in accordance with the

provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a violation of

Article 6, paragraph 1 (art. 6-1), of the Convention,

Authorises the publication of the report adopted by the Commission in this

case;

Decides to pursue the examination of the present case in accordance with

Article 32 (art. 32) of the Convention with a view to adopting the final

resolution.

 

Full & Egal Universal Law Academy