M.C. 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 by the European

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

of the Convention relating to the application lodged on

28 December 1989 by Mr M.C. against Italy

(Application No. 16126/90);

     Whereas on 5 May 1994 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 13 October 1993, the applicant complained of the

excessive length of certain civil proceedings;

     Whereas in its report adopted on 2 March 1994 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 517th meeting of the Ministers' Deputies held

on 20 September 1994, the Committee of Ministers, agreeing with the

opinion expressed by the Commission, held, 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;

     Whereas, at the same meeting of the Deputies, the Committee of

Ministers examined the proposals made by the Commission when

transmitting its report as regards just satisfaction to be awarded

to the applicant, proposals supplemented by a letter of the

President of the Commission dated 8 July 1994;

     Whereas the Committee of Ministers decided, in accordance with

Article 32, paragraph 2 (art. 32-2), of the Convention, that the

Government of Italy was to pay the applicant as just satisfaction,

within three months, 4 000 000 Italian lire in respect of

non-pecuniary damage and 2 000 000 Italian lire in respect of costs

and expenses, namely a total sum of 6 000 000 Italian lire;

     Whereas the Committee of Ministers invited the Government of

Italy to inform it of the measures taken following its decisions of

20 September 1994, having regard to Italy's obligation under

Article 32, paragraph 4 (art. 32-4), of the Convention to abide by

them;

     Whereas the Government of Italy recalled that measures had

already been taken to prevent the repetition of the violation found

in this case, through the entry into force on 30 April and

1 May 1995 of two laws restructuring the civil courts and speeding

up the civil proceedings (see Resolution DH (95) 82 in the case of

Zanghì against Italy);

     Whereas the Committee of Ministers satisfied itself that on

28 March 1995 the Government of Italy paid the applicant the total

sum of 6 000 000 Italian lire as just satisfaction,

     Declares, having taken note of the measures taken by the

Government of Italy, that it has exercised its functions under

Article 32 (art. 32) of the Convention in this case;

     Authorises the publication of the report adopted by the

Commission in this case.

 

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