FIRST SECTION
DECISION
Application no. 12784/10
Cira MOCCIA DELLO IOIO and Others against Italy
and 8 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 13 June 2023 as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to:
the applications lodged on the various dates indicated in the appended tables,
the declaration submitted by the respondent Government on 30 January 2023 requesting the Court to strike the applications out of the list of cases and the applicants’ reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The list of applicants is set out in the appended tables.
2. The applicants were represented by Mr Giuseppe Ferraro, a lawyer practising in Naples.
3. The Italian Government (“the Government”) were represented by their Agent, Mr L. D’Ascia.
4. The applicants’ complaint under Article 6 of the Convention concerning the legislative interference pending judicial proceedings was communicated to the Government.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
6. The Court firstly takes note of the information regarding the death of certain applicants, indicated in Appendix I, and the wish of their heirs to continue the proceedings in their stead, as well as of the absence of an objection to that wish on the Government’s part. Therefore, the Court considers that the heirs indicated in Appendix I have standing to continue the proceedings in the late applicants’ stead.
7. On 30 January 2023 the Government informed the Court that all of the applicants listed in Appendix II had died. The applicants’ representative did not contest that information and no heirs have come forward.
8. Accordingly, the Court considers that it is no longer justified to continue the examination of the applications with respect to the applicants listed in Appendix II (Article 37 § 1 (c) of the Convention).
9. As concerns the applicants listed in Appendix I, on 30 January 2023, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these applicants. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
10. The Government acknowledged the legislative interference pending judicial proceedings. They offered to pay these applicants the amounts detailed in Appendix I 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.
11. The payment will constitute the final resolution of the case.
12. The applicants were sent the terms of the Government’s unilateral declaration on 8 February 2023. On 20 February 2023, the Court received a response from the applicants’ representative refusing the terms of the declaration.
13. The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
14. Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the case to be continued (see, in particular, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
15. The Court has established clear and extensive case-law concerning complaints relating to the legislative interference pending judicial proceedings in Italy (see, for example, Arras and Others v. Italy, no. 17972/07, 14 February 2012; Natale and Others v. Italy, no. 19264/07, 15 October 2013; and Casacchia and Others v. Italy, nos. 23658/07 and 2 others, 15 October 2013).
16. In the present case, the Court takes note of the applicants’ argument that, with regard to certain applicants, the amounts offered are based on a standardised determination of damages. Nevertheless, the Court also notes that only a limited number of applicants have provided individual calculations of the amounts claimed, whereas the remaining ones generically referred to the applicable criteria and claimed that they were unable to submit a precise calculation. The Court recalls that it is for the applicants to prove, as far as possible, not only the existence but also the amount of the damage. Although the Court accepts that a precise calculation of the sums due is not always possible (see, for example, Kurić and Others v. Slovenia (just satisfaction) [GC], no. 26828/06, §§ 87-90, ECHR 2014), in the present case it is not convinced by the applicants’ arguments. The existence of the criteria mentioned by the common representative, along with the fact that some of the applicants have provided detailed calculations, indicates that at least an estimate of damages was possible in the present case. In these circumstances, the Court considers that the amounts offered by the Government are consistent with those that the Court would have awarded, based on the criteria adopted in similar cases (see, for example, Arras and Others, cited above).
17. Therefore, noting the admissions contained in the Government’s declaration, as well as the amount of compensation proposed, the Court considers that it is no longer justified to continue the examination of the applications relating to the concerned applicants (Article 37 § 1 (c)).
18. In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications with respect to the applicants concerned (Article 37 § 1 in fine).
19. Furthermore, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
20. In view of the above, it is appropriate to strike the applications out of the list of cases.
For these reasons, the Court, unanimously,
Decides to join the applications;
Holds that the heirs indicated in Appendix I have standing to pursue the proceedings in the stead of the deceased applicants;
Takes note of the death of the applicants listed in Appendix II and of the absence of any heirs wishing to pursue the proceedings before the Court in their stead;
Takes note of the terms of the respondent Government’s declaration concerning the remaining applicants (see Appendix I), and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 6 July 2023.
Liv Tigerstedt Péter Paczolay
Deputy Registrar President
Appendix I
Application no.
Case name
Introduction date
Applicant’s name
Year of birth
Amount awarded for pecuniary and non-pecuniary
damage per applicant/household
(in euros)
Amount awarded
for costs and expenses per applicant/household
(in euros)
12784/10
Moccia Dello Ioio and Others v. Italy
18/12/2009
Household
Cira MOCCIA DELLO IOIO
1925
Filomena MOCCIA
1958
Federico MOCCIA
1961
Annamaria IMPROTA
1951
Silvana FUSARO
1934
Annabella MINETTI
1944
Griselda GUIDOTTI
1933
Angelo LEONI
1948
Household
Fiorentina BIANCO
Born in 1920
Deceased in 2016
Giovanni LESSONE
1948 (also as heir)
Loredana LESSONE
1950 (also as heir)
Giuseppa LESSONE
1953 (also as heir)
Anna LESSONE
1955 (also as heir)
Bruno LESSONE
1958 (also as heir)
10,900
4,000
7,400
4,300
4,700
4,700
5,700
200
200
200
200
200
200
200
12786/10
Spaziano and Others v. Italy
20/01/2010
Household
Elisabetta SPAZIANO
1925
Maurizio ROMANO
1949
Maria Grazia ROMANO
1962
7,900
200
12789/10
Magosso and Others v. Italy
11/01/2010
Household
Palmira ROSSI
1924
Adino Cristiano MAGOSSO
1947
Massimo MAGOSSO
1950
Household
Laura QUARANTA
1926
Paolo PALLADINO
1961
Anna CUOCO
1942
5,000
5,500
10,900
200
200
200
12790/10
Mattu and Others v. Italy
11/01/2010
Antonello MATTU
Born in 1921
Deceased in 2015
Heirs
Maria Giovanna PIETRI
1924
Anna MATTU
1961
Angela MATTU
1962
Maurizio BOLZONELLO
1943
Clara CARLON
1948
Household
Maria Bruna TRIVELLATO
1932
Maria Antonietta LANCIA
1962
Alessandro LANCIA
1963
Guido SARTORI
1923
10,600
5,300
4,200
4,400
5,000
200
200
200
200
200
12791/10
Carta and Others v. Italy
11/01/2010
Leonardo Romano CARTA
1943
Alessio GUGLIELMI
1936
Vinicio CABRAS
1941
Household
Vincenzina GAIAS
1924
Gabriella Elena Giovanna MORGHEN
1947
Giuseppe MORGHEN
1956
Goffredo MAMELI
Born in 1920
Deceased in 2012
Heirs
Luciana MAMELI
1950
Maria Luisa MAMELI
1956
4,000
5,900
5,500
4,500
7,900
200
200
200
200
200
12793/10
Mainiero v. Italy
11/01/2010
Liberato MAINIERO
1949
9,600
200
12794/10
Nugnes and Others v. Italy
11/01/2010
Household
Costanza PALMIOTTI
1937
Sergio NUGNES
1967
Salvatore NUGNES
1971
4,000
200
12795/10
Calavena and Others v. Italy
11/01/2010
Antonio Raffaele CALAVENA
1943
Camillo CATALANO
1945
Ferdinando FIORE
1938
Carlo Aldo DI CATERINA
1949
Francesco BRUNI
1936
Household
Angiola PESIRI
1946
Matilde DELL’ERARIO
1972
Nicola IRACE
Born in 1941
Deceased in 2018
Heirs
Liberata NANNI
1951
Francesco IRACE
1983
Fabrizio IRACE
1985
Giovanni FORNI
1943
Elisa Maria ELIA
1953
Household
Lucia CASO
1944
Maria BARBATO
1969
Paola BARBATO
1974
Rosa FERRANTE
1948
Luca GALDO
1940
Vincenzo IEMMELLO
1936
4000
4,000
4,000
4,000
4,000
4,000
4,000
4.000
4,000
4,000
4,000
4,000
4,000
200
200
200
200
200
200
200
200
200
200
200
200
200
Appendix II
Application no.
Case name
Introduction date
Applicant’s name
Year of birth
Deceased in
12784/10
Moccia Dello Ioio and Others v. Italy
18/12/2009
Francesco LEONETTI
1929
Maria GRIMALDI
1937
Rosa GIARDULLI
1934
2022
2010
2014
12786/10
Spaziano and Others v. Italy
20/01/2010
Luigi PES
1936
2021
12790/10
Mattu and Others v. Italy
11/01/2010
Mario IEZZI
1921
Valerio RAGUSA
1938
Maria Luisa SORRENTINO
1946
2021
2021
2014
12791/10
Carta and Others v. Italy
11/01/2010
Maria Enrichetta FALCONI
1927
2022
12795/10
Calavena and Others v. Italy
11/01/2010
Arturo D’URSO
1936
2022
15290/10
Conte v. Italy
10/03/2010
Anna CONTE
1930
2021