FIRST SECTION
DECISION
Application no. 25120/20
Roberto MAMBELLI against Italy
and 11 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 25 November 2021 as a Committee composed of:
Erik Wennerström, President,
Lorraine Schembri Orland,
Ioannis Ktistakis, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Italian Government (“the Government”).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the non-enforcement or delayed enforcement of domestic decisions. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The Government also undertook to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, where the final judgments have remained unenforced.
The payment and, where relevant, the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 16 December 2021.
Viktoriya Maradudina Erik Wennerström
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Relevant domestic
decision
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
25120/20
15/06/2020
Roberto MAMBELLI
1963
Di Battista Giovanni
Rome
Perugia
Court of
Appeal R.G.
1270/2012,
29/08/2017
29/09/2021
11/10/2021
200
30
25125/20
15/06/2020
Ivana ALESSANDRINI
1960
Di Battista Giovanni
Rome
Perugia
Court of
Appeal R.G.
1270/2012,
29/08/2017
29/09/2021
11/10/2021
200
30
25174/20
18/06/2020
Benedetto VITALI
1945
Di Battista Giovanni
Rome
Perugia
Court of
Appeal R.G.
1270/2012,
29/08/2017
29/09/2021
11/10/2021
200
30
25331/20
16/06/2020
Umberto COLITTI
1960
Di Battista Giovanni
Rome
Perugia
Court of
Appeal, R.G. 1270/2012,
29/08/2017
29/09/2021
11/10/2021
200
30
25733/20
15/06/2020
Claudio PASSARELLI
1951
Di Battista Giovanni
Rome
Perugia
Court of
Appeal R.G.
1270/2012,
29/08/2017
29/09/2021
11/10/2021
200
30
26840/20
22/06/2020
Iside RUSCITTI
1955
Di Battista Giovanni
Rome
Perugia
Court of
Appeal R.G.
1270/2012,
29/08/2017
29/09/2021
11/10/2021
200
30
42148/20
18/09/2020
Silvestro CERVERA
1969
Pasquariello Gianpiero
Caserta
Rome Court
of Appeal
R.G.
51396/17,
19/12/2017
29/09/2021
15/10/2021
200
30
42153/20
18/09/2020
Paolo ALBANESE
1972
Pasquariello Gianpiero
Caserta
Naples Court
of Appeal
R.G.
2027/2017,
05/01/2018
29/09/2021
15/10/2021
200
30
42165/20
18/09/2020
(4 applicants)
Nicola MARRANDINO
1956
Mario MARRANDINO
1958
Margherita FIORENTINO
1962
Marcella PALMIERI
1959
Pasquariello Gianpiero
Caserta
Perugia
Court of
Appeal R.G.
5390/2012,
25/05/2017
29/09/2021
15/10/2021
200
30
42168/20
18/09/2020
(2 applicants)
Antonio MOTTOLA
1954
Mario MOTTOLA
1959
Pasquariello Gianpiero
Caserta
Naples Court
of Appeal
R.G. 2083/18,
09/05/2019
29/09/2021
15/10/2021
200
30
8482/21
29/01/2021
Daniela ALI’
1975
Riello Piero
Caserta
Naples Court
of Appeal
R.G.
1581/2018,
07/08/2018
29/09/2021
14/10/2021
200
30
11343/21
13/02/2021
Brigida PELOSI
1966
Pulcino Teresina
San Lupo
Naples Court
of Appeal
R.G.
1960/2017,
16/01/2018
29/09/2021
28/10/2021
200
30
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.