Motta v. Italy (no. 1)

Information Note on the Court’s case-law No.

February 1991

Motta v. Italy (no. 1) - 11557/85

Judgment 19.2.1991

Article 6

Article 6-1

Reasonable time

Length of two sets of proceedings, one criminal and one civil: violations

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

I.ARTICLE 6 § 1 OF THE CONVENTION ("reasonable time")

A.Period to be taken into consideration

1.Criminal proceedings

Starting-point: date on which applicant was advised of the opening of investigation concerning him.

Close: Court of Cassation's dismissal of applicant's appeal.

Total: more than seven and a half years.

2.Civil proceedings

Instituted on 15 July 1979, stayed on 8 October 1979 pending outcome of criminal case and as yet not resumed after latter's conclusion (4 December 1987).

B.Applicable criteria

Reasonableness of length of proceedings: to be assessed in the light of the particular circumstances of the case, which in this instance called for overall assessment.

Criminal proceedings: case not a complex one and applicant's conduct did not give rise to any delay.

Civil proceedings: prevented from pursuing their course by slowness of criminal proceedings.

Conclusion: violation in both cases (unanimously).

II.ARTICLE 50 OF THE CONVENTION

Pecuniary damage: claim dismissed.

Non-pecuniary damage: sum awarded.

Costs and expenses incurred in the domestic legal system, and then in Strasbourg: reimbursed in part.

Conclusion: respondent State to pay specified sums to the applicant (unanimously).

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

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