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 Interim Resolution DH (95) 283, adopted in the case of
Immobiliare Miramonti S.r.l. against Italy (Application No. 24069/94) in which
the Committee of Ministers decided that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention and to make public the report of the
European Commission of Human Rights;
Whereas 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 company, proposals supplemented by a letter of the
President of the Commission dated 27 October 1995;
Whereas, at the 553rd meeting of the Ministers' Deputies held on 15
December 1995, 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 company 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 November 1995 and
15 December 1995, 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, notably
through the entry into force on 30 April and 1 May 1995 of two laws
restructuring the civil courts and speeding up the proceedings in civil cases
(see Resolution DH (95) 82 in the case of Zanghì against Italy);
Whereas the Committee of Ministers satisfied itself that on
28 March 1996 the Government of Italy paid the applicant company 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.
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