FIRST SECTION
DECISION
Application no. 5740/19
Francescantonio MURATORE
against Italy
The European Court of Human Rights (First Section), sitting on 16 May 2019 as a Committee composed of:
Aleš Pejchal, President,
Jovan Ilievski,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 30 December 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr M. Pintus, a lawyer practising in Rome.
The applicant’s complaints under Article 6 § 1 of the Convention and Article 1 of the Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Italian Government (“the Government”).
The Court received friendly-settlement declarations under which the applicant agreed to waive any further claims against Italy in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will 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 undertake 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 payment will constitute the final resolution of the case.
THE LAW
The Court 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 a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 6 June 2019.
Liv TigerstedtAleš Pejchal
Acting Deputy RegistrarPresident
APPENDIX
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for
non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
5740/19
30/12/2011
Francescantonio MURATORE
10/10/1935
Pintus Marco
Rome
14/03/2019
12/03/2019
200
30
[1]. Plus any tax that may be chargeable to the applicant.
[2]. Plus any tax that may be chargeable to the applicant.
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