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 (96) 179, adopted in the case of In
Moto S.r.l. against Italy (Application No. 25262/94) 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 8 March 1996;
Whereas, at the 567th meeting of the Ministers' Deputies held on 14 June
1996, the Committee of Ministers decided, in accordance with Article 32,
paragraph 2 (art. 32-2), of the Convention, that no sum of money should be paid
to the applicant company as just satisfaction, since the latter had not
submitted any claim in this respect;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 15 May 1996 and 25
June 1996, 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),
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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